81 Trans 31:1 * 328 *' 1 Untff l/ ' f Ceiling Price Reg. 3 FEB 2, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency jCPR 31 Coal, Except Pennsyl\ania Anthracite, Delivered From Mine or Preparation Plant Pursuant to the Defense Production Act of 1950 (Public Law 774, 81st Cong.), Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency. General Order No. 2 (16 F. R 738) : It is hereby ordered, Thar ceiling prices and ceilings on the weighted average realiza¬ tion on the sale of coal, except Pennsyl¬ vania anthracite, from a mine or prepa¬ ration plant shall be effective as provided in this Ceiling Price Regulation No. 3. Statement of considerations. Bitu¬ minous coal prices have been non-infla- tionary since the Korean outbreak. However, with the threat of a more seri¬ ous emergency and the possibilities of record-high levels in industrial activity resulting from the defense program, it is likely that a basic industry such as coal will not be able to avoid the forces of inflation. During World War II coal proved to be the main source of energy for the economy, and it was produced in great volume to satisfy the civilian and military needs of the country. It again may have to be produced in large amounts to meet the needs of the coun¬ try in building its defenses. Average mine realization, i. e., the average price per ton f. o. b. the mine, has changed very little during the last three years. According to figures com¬ piled and published by the United States Bureau of Mines, the average mine reali¬ zation was as follows: Per ton 1948 _ *4 99 1949 _ 4 85 1950 estimated_ 4. 90 Since July 1948 wholesale prices on bituminous coal—f. o. b. mine prices plus transpo r tation charges—compiled by the United States Bureau of Labor Statis¬ tics, have fluctuated within a narrow range of one percent. At the same time, they reflect increased transportation costs in part, which means that current mine prices are lower, even though slightly, than they were a year or two back. According to the latest informa¬ tion available, it appears that the bitu¬ minous coal price level has changed little since 1948, and the change that has taken place has edged downward. There is no evidence of a general increase in bituminous coal prices since the Korean outbreak. Bituminous coal is mined in 30 States of the United States and Alaska by thou¬ sands of companies. Over 90 percent of the total production is mined east of the Mississippi River to supply a sub¬ stantial part of the country’s main fuel market. Today, coal is in good supply except as occasioned in special instances by transportation shortages. With pres¬ ent manpower and equipment, along with adequate transport, the bituminous coal industry can increase its output well above the current rate, which is 550 to 560 million tons annually. With its many companies spread over the nation, the bituminous coal industry is highly competitive and there are few markets where tonnage from widely sep¬ arated fields fail to meet. In addition, coal has strong competition from oil, natural gas and waterpower. Actually, coal is not one but many products represented by sizes and grades produced under widely different condi¬ tions. Because of this factor and be¬ cause of the keen competition, it has a complex market structure. If the latter is ignored under a system of ceil¬ ing price control, production and distri¬ bution will be hampered and financial difficulties will be encountered which will jeopardize the ability of the industry to supply the maximum needs of the econ¬ omy. Becau ;e of seasonal and other factors, it requires a period of approxi¬ mately one year to obtain a representa¬ tive picture of market operations. Records over the years show that the bituminous coal industry is not a pros¬ perous one and that it has been considered hazardous for investment purposes. New capital has to be derived primarily from earnings. Yet, the pro¬ gressive management in the industry has mechanized the mines to a high degree, particularly in late years, and has pro¬ vided a plant that needs a steady return for financial support. A large percent¬ age of the earnings during the better periods since World War II have been used in large amounts to promote greater plant modernization. This accounts for the very sound and strong position of the industry to produce all of the coal required by the country for its civilian and defense programs. In combatting inflation, the bitumi¬ nous coal industry generally can adopt pre-Korean price levels without financial hardship except for the impact of the wage increase negotiated during the first two weeks of January 1951, and effective February 1, 1951, and parallel wage in¬ creases in other segments of the industry. Since the industry absorbed the increased costs of the wage agreement entered into in March of 1950, the additional cost of the 1951 wage increase, without price adjustment by mines, would result in serious financial difficulties. It is esti¬ mated that the 1951 wage advance will cost, on a weighted average basis, ap¬ proximately 25 cents per ton. This ad¬ vance, of course, will vary from mine to mine. Furthermore, not only was the 1950 wage addition absorbed, but the increased costs of supplies and other items related to mining, have been ab¬ sorbed without price advances since the start of the Korean conflict. Another consideration is that the bi¬ tuminous industry, with its numerous units, has many mines operating at a return near or below costs. A price schedule established without recognition of these situations can depress produc¬ tion A cost increase such as resulting from wages, unless reflected in prices, may cause the actual closing of mines In arriving at a fair and representa¬ tive period upon which to base ceiling prices, it was obvious that the 12 months' period prior to the Korean outbreak was unrepresentative insofar as most of the bituminous coal industry is concerned. During that period there were general suspensions of operations and there were three-day week operations beyond the control of the industry during a good part of the period. In addition to these factors the 1949-50 winter was compara¬ tively warm in the major fuel consuming markets, which depressed coal sales of domestic heating coals. Excesses in the supply of residual fuel oil caused by im¬ ports from foreign fields competed with industrial coal and captured large coal markets on the Atlantic seaboard and at other points. This factor also resulted in price reductions These factors, viewed as exceptional and temporary, combined to cause serious disruptions in the marketing of bituminous coal and their effects are still noticeable today. The period July 1948 to June 1949, in¬ clusive, is considered to be the latest year that has the features of normalcy. Bituminous coal production during that year was 576 million tons, about what might be expected during the year ahead. There were no general strikes of conse¬ quence. At the same time, on the con¬ servative side, the 1948-49 winter was relatively warm, and the impact of for¬ eign oil had begun to be felt by late 1948. As stated above, there have been no wide' fluctuations since the middle of 1948. The regulation controlling ceiling prices of bituminous coal, lignite and Virginia anthracite contemplates (a) limiting the average mine realization, during 12 months’ periods under the regulation, to the average mine reali¬ zation of the base period, as adjusted, and (b) fixing ceiling prices at the high¬ est prices received during the base period or the period from January 1-15, 1951, as adjusted. The latter period permits the reflection of the more current changes in price relationships. In brief, the regulation Axes average mine reali¬ zations at a representative pre-Korean year and the ceiling prices for individual sizes or grades of coal at the highest prices received during the same year ex¬ cept for recognition of recent changes in price patterns. On the average, prices for domestic heating coals and other major grades are today at about the same level they were in the base period. Average realization obtainable under this order will not exceed the average realization that could be obtained under the General Ceiling Price Regulation. 81 Trans 31:2 To the realization levels and celling prices so established, the regulation per¬ mits the addition of the increased costs under the 1951 wage agreement. In arriving at a fair and representa¬ tive base period for the industry, it was determined that conditions affecting the bituminous coal industry west of the Mississippi River required a different base period. This segment of the in¬ dustry produces less than 10 percent of the national output. In that part of the country the Industry was affected less by strikes and the three-day week than was the industry east of the Mississippi. Furthermore, the western fields were af¬ fected less by competition with foreign oil. The winters in the west were more normal and enhapced the marketing and realization of domestic sizes. Therefore, the realization levels have increased since 1948 but have not shown an increase since June of 1950. Therefore, the regulation as applicable to the bituminous coal industry west of the Mississippi River and Alaska will use (a) a period March to December 1950. inclusive, as a base period, and (b that period and January 1-15, 1951, inclusive, will be used from which to establish ceiling prices. It is found that provi¬ sions of the regulation promote stability and efficiency. Findings of the Director of Price Sta¬ bilization. In the judgment of the Director of Price Stabilization the provi¬ sions of Ceiling Price Regulation No. 3 are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950. So far as practicable the Diractor of Price Stabilization gave due consider¬ ation to the national effort to achieve maximum production in furtherance of the objectives of the Defense Production Act of 1950; to prices prevailing during the period from May 24, 1950, to June 24. 1950, Inclusive; and to relevant fac¬ tors of general applicability. In formulating this regulation the Di¬ rector has consulted with representa¬ tives of the Industry to the extent practicable under the circumstances, and has glvan consideration to their recommendations. Sec. 1. Applicability of regulation. 2. Definitions. 3. Prohibition against selling, delivering or otherwise disposing of coal at prices above the celling. 4. Celling prices and celling v elghted aver¬ age realization. 5. Long-term contracts. 8. Procedure for establishing ceilings on new product*. 7. Less than celling prices. 8. Evasion. 0. Reporting, Invoicing and record-keeping requirements. 10. Sales agents and distributors. 11. Petition* for amendment*. 13. Adjustable pricing. 13. Taxes. 14. Enforcement. Authositt : Section* 1 to 14 issued under sec. 704. Public Law 774, 81st Cong - Interpret or apply Title IV. Public Law 774. 81st Cong., E. O. 10181, Sept. 9, 1950. 15 F. R. 6105. Section 1. Applicability of regulation. This regulation establishes celling prices and ceilings on weighted average reali¬ zation for coal, except Pennsylvania an¬ thracite, produced and sold at a mine or preparation plant in the 48 States of the United States, the District of Colum¬ bia, and the territories and possessions of the United States. It is applicable to all sales or deliveries of coal f. o. b mine. Sec. 2. Definitions. When used in this regulation, the term: (a> “Person" includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative of any of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing; (b) “Producer” means a person en¬ gaged in the business of mining or pre¬ paring coal at a preparation plant which is an adjunct of a mine or mines, and any person acting as an agent of a pro¬ ducer in the sale of coal; (c) “Distributor” means a person who purchases coal for resale, and resells the same in not less than cargo or railroad carload lots, or the equivalent thereof, and any person acting as an agent of such distributor in the sale of coal; (d) “Sales agent" is a person who. as agent of a producer, sells coal produced by such producer for him or on his behalf; (e) “Coal” means: (1) Bituminous coal, including all bituminous, semi- bituminous and sub-bituminous coal; (2) lignite (which is defined as a coal having calorific value in British thermal units of less than seven thousand six hundred per pound and having a natural moisture content in place at the mine of 30 per centum or more); and (3) Virginia anthracite coal. (f) “Bunker fuel" means coal Used aboard a vessel for consumption thereon; (g) “Ton" means a short or net ton of 2,000 pounds; (h) “F. o. b. mine” means free, on board transportation facilities at a mine, a preparation plant operating as an ad¬ junct of a mine or mines, or other load¬ ing facilities; (i) “Base period" means: (1) For all coal produced east of the Mississippi River, the base period shall be July 1, 1948, to June 30, 1949, inclusive; (2) for all coal produced west of the Mississippi River and Alaska, the base period shall be March 1, 1950, to December 31, 1950, inclusive; (j) “Realization” is the gross amount of money or value received or debited to the account of the producer in the sale of coal and shall include the total price charged by the producer (including com¬ missions to sales agents and discounts to distributors); (k) “Open market sales" shall Include coal sold, delivered or otherwise disposed of by rail, truck, barge or other method of transportation pursuant to an arms- length transaction and shall not include coal used to produce coal, sales to em¬ ployees of the producer, coal used by the producer, and controlled sales. “Con¬ trolled Sales” means sales for consump¬ tion by the buyer (1) where the relation¬ ship between producer and buyer is that of a wholly-owned or controlled subsid¬ iary and parent corporation, or (2) where there is common ownership or control of the producer and buyer in a third party, or (3) where the relation between producer and buyer for any sim¬ ilar reason is such that the sale is non-competitive, and is generally termed “captive” sales. (1) "Ceiling price” means the highest price applicable to a particular size or grade of coal determined in accordance with the provisions of this regulation. Such ceiling price shall include commis¬ sions to sales agents and discounts to distributors, and shall be an f. o. b. mine price. Sec. 3. Prohibition against selling, de¬ livering or otherwise disposing of coal at prices abovt the ceiling. On and after the 1st day of February 1951, regardless of any contract, agreement, lease or other obligation: (a) No person who is a producer or distributor shall sell, dispose, deliver or ship coal from a mine or preparation plant operating as an adjunct of a mine or mines or from mine loading facilities, at prices higher, f. o. b. the mine, than the celling prices determined in accord¬ ance with the provisions of this regula¬ tion. (b) No person shall, in the course of trade or business, buy or receive such coal so delivered or shipped at prices higher than the ceiling prices deter¬ mined in accordance with the provisions of this regulation. Any person who buys or receives coal subject to the provisions of this regulation may rely in good faith on a certified statement furnished by the seller that the prices charged do not ex¬ ceed the ceiling prices so established. (c) No person shall agree, offer, solicit, or attempt to do anything prohibited in paragraphs (a) and (b) of this section. Sec. 4 Ceiling prices and ceiling weighted average realization, (a) The ceiling prices for each mine or group of mines, for any size or grade of coal, as established by previous marketing prac¬ tices. which may be charged under this regulation shall be the highest prices received for coal in the same sizes or grades in the base period or in the period January 1-15, inclusive, 1951. The pro¬ ducer shall file a certified statement of these ceiling prices, to include such ceil¬ ing prices as are derived frjm distrib¬ utors* sales, with the Director and with the regional office or offices of the Office of Price Stabilization in the area or areas where the producer's coal is shipped, within 10 days after such prices become effective, on a form prescribed and in ac¬ cordance with instructions issued by the Director, as provided in section 7 of this regulation. (b) On and after February 1, 1951, the prices charged for the coal produced at any mine or group of mines shall be such that the weighted average realiza¬ tion per ton by the producer for the 12- month period commencing February 1, 1951. and ending January 31, 1952, and for each 12-month period beginning on the first day of each succeeding month, commencing March 1, 1951, shall not ex¬ ceed the weighted average realization obtained by the producer from the sale, delivery or other disposal of coal during the base period. 81 Trans 31:3 (c) The producer shall determine his ceiling weighted average realization for the base period for any such mine or | group of mines by dividing the realiza¬ tion received from sales of coal on the open market by the number of tons so sold. The producer shall file a certified statement of the ceiling weighted aver¬ age realization so determined with the Director, as required by section 8 (a) of this regulation. (d) The ceiling prices and Ceiling weighted average realization determined for a mine or mines in accordance with the provisions of this regulation may be increased by the amount of the increase in cost resulting from wage and salary advances and other items related to the payroll: Provided, That such increases became effective on or after January 1, 1951, and prior to July 1, 1951, and that such increases satisfy the policy and re¬ quirements of the Wage Stabilization Board of the Economic Stabilization Agency. (e) The highest price referred to in paragraph (a) of this section shall be separately determined by the producer in accordance with such classification, whether by size, grade or other grouping or designation as established by previous marketing practices. (f) The ceiling prices to be determined in paragraph (a) of this section and the ceiling weighted average realization to be determined under paragraph (b) of this section may, at tht option of the producer, be determined and established for a group of mines (as distinguished | from a particular mine), where such mines are operated or controlled by a single person, and where such mines produce similar and interchangeable coals: And provided, further That such groupings have been the usual custom and practice in the marketing of such coals. Sec. 5. Long-term contracts, (a) A producer who sells and delivers coal un¬ der a bona fide long-term written con¬ tract of three years or longer, entered into prior to July 1, 1948, may, at his option, exclude such tonnage in deter¬ mining the ceiling weighted average realization under section 4 (c) of this regulation and must exclude such ton¬ nage in determining ceiling prices under section 4 (a) of this regulation. In such event, the realization obtained from coal sold under such contract during the life of this regulation may not be included in computing realization under section 4 (b) of this regulation. Such tonnage and realization shall be reported sepa¬ rately on forms prescribed and in ac¬ cordance with instructions issued by the Director. (b) Coal sold and delivered under the terms and conditions of all such con¬ tracts, whether excluded or not. may continue to be sold and delivered in ac¬ cordance with the terms and conditions, including pricing provisions, of such contracts. | Sec. 6. Procedure for establishing ceilings on new products, (a) In the event the weighted average realization for a mine or group of mines as deter¬ mined in accordance with the foregoing provisions is less than the representative cost of production at such mine or mines the producer may file a petition asking for such adjustment in his ceiling prices or realization as will not require the mine or group of mines to operate at a loss. (b) In the event a mine or group of mines were not in operation during all or part of the base period, or in the event all or a portion of a mine or group of mines’ production as presently produced has been affected by unusual circum¬ stances or is of a special or enhanced quality due to the installation of prep¬ aration or other facilities during or since the base period, such producer may file a petition seeking the establishment of ceiling prices and a ceiling weighted av¬ erage realization that are fair and equitable. The producer shall state the name of the mine, if any, the name or number of the seam, the county and the state in which the mine is located, the type of operation whether underground or strip; and in addition shall furnish the same information for the nearest mine or mines in the same seam and producing coal similarly processed, and the applicable ceiling prices for such mine. If there is no such mine in the same seam, the producer shall furnish the same comparative information for the nearest mine in a substantially simi¬ lar seam. For 30 days after filing the application, such coals of the applicant shall be sold at temporary ceiling prices no higher than the ceiling prices established under this regulation for the coals which are produced at the nearest mine or mines in the same seam or in a substantially similar seam and similarly processed. After 30 days from the filing of the ap¬ plication, if no action has been taken by the Director, the prices as requested in the application shall be the ceiling prices for such coals. (c) If a particular size of coal was not made or sold during the base period or during the period January 1-15, in¬ clusive, 1951, and therefore no specific ceiling price is established therefor, the ceiling price for such size shall be de¬ termined as follows: (d) (1) If the particular unpriced size is a lump size, the ceiling price shall be not more than the lowest ceiling price established for any size of lump coal for the same mine. (2) If the particular unpriced size is a double-screened coal, the ceiling price shall be not more than the lowest ceiling price established for any double-screened size of the same mine. (3) If the particular unpriced size is a resultant (slack or screening) size, the ceiling price shall be not more than the lowest ceiling price for any resultant (slack or screening) size of the same mine. (e) In the event of the mixture of two or more sizes or classifications of coal to which different ceiling prices are appli¬ cable, which mixture was not made dur¬ ing the base period or the period January 1-15,1951. the ceiling price for such mix¬ ture shall not be more than the weighted average of the ceiling prices for each of the component sizes or classifications of coal in said mixture, on a per net ton basis. (f) It is the intent and purpose of this section and this regulation that no mine or group of mines shall obtain an average realization for any consecutive 12-month period beginning February 1, 1951, which exceeds the weighted aver¬ age realization during the base period as adjusted. (g) Where bituminous coal is de¬ livered from a mine or preparation plant in any transportation facilities owned or subject to the control of the producer or subsidiary or affiliate of the producer, or in any transportation facilitias hired by the producer, there may be added to the applicable ceiling prices established herein a sum not in excess of the highest charge for transportation costs made during the base period or the period January 1-15, 1951, inclusive, but in no event to exceed the lowest common car¬ rier rate for a haul between the same points; provided that there may also be added by a producer, to the applicable ceiling price established herein, an amount not in excess of the transporta¬ tion tax imposed by section 620 of the Revenue Act of 1942 if said producer in¬ curred such tax and if he separately states the amount of the tax in sales to all purchasers except the United States or any agency thereof, the District of Columbia, any state •government or any political subdivision thereof. (h) The rate of interest on overdue accounts or on a note, trade acceptance or other form of indebtedness accepted in payment of an account shall not ex¬ ceed the rate charged by the seller on similar transactions during the base period. (i) Any purchaser, lessee or transferee of a mine for which ceiling prices and a ceiling weighted average realization have been established shall take the ceiling prices or ceiling weighted average reali¬ zation previously assigned to the mine or other seller, lessor, or transferor thereof. Sec. 7. Less than ceiling prices. Lower prices than those established under this regulation may be charged, demanded, paid or offered. Sec. 8. Evasion. The price limitations set forth in this regulation shall not be evaded, whether by direct or indirect methods, in connection with an offer, so¬ licitation,. agreement, sale, delivery, purchase or receipt of or relating to bi¬ tuminous coal alone or in conjunction with any other commodity or by way of commission, service, transportation, or other charge, or discount, premium or other privilege, or by tie-in agreement or other trade understanding, or by the making of excessive charges for trucking or otherwise. Persons subject to the reg¬ ulation shall continue to observe their customary and standard cash discount practices. Sec. 9. Reporting, invoicing and rec¬ ord-keeping requirements. (a) Each producer shall compute and establish its weighted average realization during the base period and shall report such reali¬ zation base to the Director within 10 days after the date ceiling prices become effective under this regulation. The re¬ port shall be made on forms prescribed and according to instructions issued by the Administrator. (b) The basis for setting up ceiling prices on particular sizes and grades of bituminous coal shall be submitted to the Director on forms provided by him in LI BRaky UNIVERSITY nr II. 81 Trans 31:4 accordance with his instructions within ten days after this regulation becomes effective Each producer shall report monthly its monthly realization to the Director on forms provided by him and in accordance with his instructions on or before the twentieth day of the month following the month for which the re¬ port is being filed. Each person subject to this regu¬ lation shall keep on file invoices and other sales data of the base periods ap¬ plicable to average realizations and ceil¬ ing prices. Each person subject to this regulation shall furnish to each person to whom he sells'bituminous coal an in¬ voice stating the ceiling price established by this part separately from any other charge or a certified statement that the prices charged do not exceed the ceiling prices established under this regulation. (f) Each person subject to this regu¬ lation shall preserve and keep available for inspection by the Director for a pe¬ riod of two years, all records necessary to substantiate ceiling prices, base pe¬ riod realization and average realization established pursuant to this regulation. < g ) The producer shall furnish to each retail coal dealer to whom he sells coal a statement showing the exact dollar- and-cents amount the producer has added to the price of his coal as author¬ ized under this regulation. Sec. 10 Sales agents and distributors. No sales agent or distributor shall charge a price f. o b. mine, preparation plant operated as an adjunct of a mine or mines, or from mine loading facilities in excess of the ceiling price or prices established for such mine or mines unde” the provisions of this regulation: Pro¬ vided, That in the event a distributor purchased coal from a mine or mines during the producer's base period or the period January 1-15, 1951, and resold such coal, said distributor may buy and resell coal from said mine or mines and charge the highest price or prices he re¬ ceived for each size or grade of coal dur¬ ing the aforesaid periods plus any ad¬ justments in price applied to the f. o. b. mine price of such coal: Provided, fur¬ ther, That the distributor files with the Director such reports or records as may be required on forms prescribed and ac¬ cording to instructions issued by the Di¬ rector The distributor shall preserve his records to support such reports for a period of two years. Sec 11. Petitions for amendmenis. Any person seeking an amendment of any provision of this regulation may file a petition for amendment in accordance with Price Procedural Regulation 1 is¬ sued by the Economic Stabilization Ad¬ ministrator. Sec. 12 Adjustable pricing. Any per¬ son may agree to sell at a price which can be increased up to the ceiling price in effect at the time of delivery; but no person may. unless authorized by the Office of Price Stabilization, deliver or agree to deliver at prices to be adjusted upward in accordance with action taken by the Director after delivery. Such au¬ thorization may be given when a request for a change in the applicable ceiling price is pending, but only if the authori¬ zation is necessary to promote distribu¬ tion or production and if it will not interfere with the purposes of the De¬ fense Production Act of 1950. The au¬ thorization may be given by the Director or by any official of the Office of’ Price Stabilization to whom the authority to grant such authorization has been dele¬ gated. The authorization will be given by order, except that it may be given by letter or telegram when the contem¬ plated revision will be the granting of an individual application for adjustment. Sec. 13. Taxes. There may be added to the applicable ceiling price the amount of any sales, gross receipts, gross proceeds or use tax levied by any statute or ordinance, under which the tax is measured by gross proceeds or units of sale, only if the statute or ordi¬ nance permits or requires the seller to state the tax separately and the seller does state it separately on his invoice or other memorandum of sale, and only if the seller customarily added the amount of such tax to the ceiling price and sep¬ arately stated the tax on his invoices prior to January 15, 1951. Sec. 14. Enforcement. Persons violat¬ ing any provision of this regulation are subject to the criminal penalties, and enforcement actions, and suits for dam¬ age provided for by the Defense Produc¬ tion Act of 1950. Effective date This regulation shall become effective on the 1st day of Febru¬ ary 1951. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Michael V. DiSalle, Director of Price Stabilization. FILE following 81 Trans 31:4 (5-4-51) 81 Trans 31:5 Miscellaneous Amendments Ceiling Price Regulation 3 AMENDMENT 1 APRIL 30, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 3, Amendment 1] CPR 3— Coal, Except Pennsylvania Anthracite, Delivered From Mine or Preparation Plant MISCELLANEOUS AMENDMENTS Pursuant to the Defense Production Act of 1950 (Public Law 774, 81st Cong.), Executive Order 10161 (15 F. R. 6105), and Economic Stabilization General Order No. 2 (16 F. R. 738), this Amend¬ ment 1 to Ceiling Price Regulation 3 (16 F. R. 1008), is hereby issued. STATEMENT OF CONSIDERATIONS The amendments to Ceiling Price Reg¬ ulation 3 contained in this document are intended to clarify and strengthen cer¬ tain provisions of the original regulation and to permit the acceptance of pre¬ miums on coal sold under premium-and- penalty contracts. A paragraph (d) is added to section 3 to permit producers and distributors to receive compensation over ceiling prices in accordance with premium-and-pen- alty contracts. The additional compen¬ sation must be included in the realiza¬ tion reported under the regulation, how¬ ever. The original regulation did not con¬ tain specific provisions outlining a meth¬ od under which a producer who pur¬ chases coal from other producers and sells it as a mixed product may deter¬ mine his cost increase under section 4 (d) of CPR 3. The amendment sets forth a formula which provides that such producer shall include the cost increase of all the coal, if any, he produces from his own mines and of purchased coal. Section 6 (b) has been amended to clarify and strengthen the procedure the Director may follow in considering such applications and requesting additional information needed to arrive at a de¬ cision. Section 6 (g> has been amended to refer to coal, as defined in the regula¬ tion, and to authorize distributors to add transportation charges to the ceiling prices of coal. The latter change puts them on an equal footing with the pro¬ ducers and brings this section in line with a similar section in the CPR 4, An¬ thracite Delivered from Mine or Prepa¬ ration Plant. The references to trans¬ portation charges in the base period and I January 1 to 15, 1951, are deleted to bring this paragraph in line with the CPR 4 and to relieve an inequitable sit¬ uation which developed from an inad¬ vertent inclusion of the references now being removed. Section 9 has been amended to require filing of the monthly reports of realiza¬ tion on the last day of the month follow¬ ing the month for which the report is made, instead of the 20th day of such month. Many producers in the industry reported that because of the additional statistical load related to the defense program they are unable to make this report earlier than the last day of the month. AMENDATORY PROVISIONS Ceiling Price Regulation 3 is hereby amended as follows: 1. Section 2 (b) “Producer,” is amend¬ ed to read as follows: (b) “Producer” means a person en¬ gaged in the business of (1) mining, (2) preparing coal at a preparation plant which is an adjunct of a mine or mines, (3) mining, stripping, and/or loading coal under contract with a producer or other person, or (4) assembling, loading or otherwise handling, and shipping coal from a ramp or other loading facility; and any person acting as an agent of a producer. 2. A new paragraph (d) is hereby added to section 3 as follows: (d) Notwithstanding any provision to the contrary, a producer or distributor may sell and deliver coal pursuant to a contract which contains a premium and penalty provision based on the spec¬ ifications of such coal, and may demand and receive compensation in an amount per ton, in addition to the ceiling price provided by said contract: Provided, however, That the basic price contained in such contract does not exceed the ceiling price established under this reg¬ ulation and in effect at the time of de¬ livery: And provided further. That the terms of such premium and penalty pro¬ vision are reasonable and are not more favorable to the producer or distributor then premium and penalty provisions contained in similar contracts of the producer or other producers or distribu¬ tor or other distributors in effect since July 1, 1948. The amount received as a premium hereunder shall be included in monthly realization reported by the pro¬ ducer. 3. Section 4 (e) is relettered 4 (f) 4. Section 4 (f) is relettered 4 (g). 5. The last clause of section 4 (a) is amended to read as follows: “as pro¬ vided in section 9 of this regulation.” 6. The Jast clause of section 4 (c) is amended to read as follows: “as required by section 9 (a) of this regulation.” 7. A new section 4 (e) is added to read as follows: (e) (1) A producer that operates a preparation plant, a ramp, or other load¬ ing facility, and that by usual custom obtains all or part of its coal from an¬ other producer or producers, may in¬ crease its ceiling prices and its ceiling weighted average realization by an amount representing a weighted aver¬ age of the increased cost, if any, of all the producer’s own coal'and purchased coal (as certified by the supplier to the producer) processed or loaded at such preparation plant, ramp or other load¬ ing facility resulting from wage and sal¬ ary advances and related payroll items which became effective on or after Jan¬ uary 1, 1951, and prior to July 1, 1951, and which satisfy the policy and re¬ quirements of the Wage Stabilization Board of the Economic Stabilization Agency: Provided, That where such cost increases on purchased coal are not available to the producer, the amount, if any, which the supplier has added to the price of the coal sold to the producer in February and March, 1951, as author¬ ized by CPR 3, may be used in comput¬ ing the weighted average adjustment applicable to the preparation plant, ramp, or other loading facility. (2) In determining the proportion of the producer’s own. coal and the coal purchased from suppliers for the purpose of computing the weighted average in¬ crease referred to in subparagraph (1) of this paragraph, the nearest period of one month or longer prior to February 1, 1951, which is representative of the fu¬ ture supply of coal for such preparation plant, ramp or other loading facility shall be used. 8. The reference to “paragraph <2» authorizes increases in ceiling prices and ceiling weighted average realization by reason of certain cost increases/‘which satisfy the policy and requirements of the Wage Stabiliza¬ tion Board of the Economic Stabilization Agency". At the time this amendment was issued it was contemplated that any wage and salary advances would be au¬ thorized by the Wage Stabilization Board. On October 18, 1952, the Wage Stabilization Board approved an increase of only $1.50 per day instead of the $1.90 negotiated by the Bituminous Coal Operators Association and the United Mine Workers of America. This decision was appealed. On December 3, 1952, the President directed the Economic Stabi¬ lization Agency to approve the $1.90 in¬ crease. A technical question arises as to whether the $1.90 increase satisfies "the policy and requirements of the Wage Stabilization Board of the Eco¬ nomic Stabilization Agency”. In order to clarify this point beyond any doubt it is deemed advisable to amend this pro¬ vision to permit adjustments resulting from increased costs which satisfy the policy and requirements of the Wage Stabilization Board or any agency or official authorized to review the Board's decision. Section 9 (a) (2) provides that pro¬ ducers must file OPS Public Form No. 155 "within 20 days after the increased costs become effective, or within 20 days after the issuance of this amendment, which¬ ever is later”. There was some delay in issuing this form. It has been found also that certain producers have en¬ countered difficulties in completing and returning the forms within the required time. Moreover, when the amendment was issued it was thought that the final decision with respect to the wage in¬ crease for bituminous coal miners would be made immediately. The final deci¬ sion by the President, however, was not made until December 3, 1952. In view of these considerations it is deemed ad¬ visable to extend the time for filing this form. A small number of producers have already filed OPS Public Form No. 155 based on a wage increase of $1.50 per day. Those producers may now refile on the same form for the full wage increase of $1.90. In the judgment of the Director of Price Stabilization the provisions of this amendment are generally fair and equi¬ table and are necessary to effectuate the purposes of Title IV of the Defense Pro¬ duction Act of 1950, as amended. So far as practicable the Director of Price Stabilization gave due considera¬ tion to the national effort to achieve maximum production in furtherance of the objectives of the Defense Production Act of 1950, as amended, and to relevant factors of general applicability. In view of the nature of these amend¬ ments consultation with industry repre¬ sentatives, including trade association representatives, has been impracticable. AMENDATORY PROVISIONS Ceiling Price Regulation 3. as amend¬ ed, is further amended as follows: 1. Section 4 (2) is amended by in¬ serting after “Economic Stabilization Agency” the words—"or any agency or official authorized to review the action of such Board”, so that the first sentence in the sub-paragraph will read as fol¬ lows: (2) Each producer who incurs in¬ creases in costs at his mine or group of mines during the period October 1, 1952, to April 30, 1953, inclusive, by reason of a wage and salary advance and other items related to the payroll and welfare payments (as calculated by such pro¬ ducer on OPS Public Form No. 155), which satisfy the policy and require¬ ments of the Wage Stabilization Board of the Economic Stabilization Agency, or any agency or official authorized to review the action of such Board, may de¬ termine his ceiling prices and ceiling weighted average realization for such mine or group of mines as follows: • * * * * 2. Section 9 (a) (2) is amended to read as follows: <2) OPS Public Form No. 155 showing the increased costs and the increase in the ceiling weighted average realization authorized by section 4 (d> (2), shall be filed by producers other than “small mine" producers, within 30 days after the increased costs become effective, or on or before December 31, 1952, which¬ ever is later. This form shall be sent by registered mail, return receipt requested, to the Solid Fuels Branch, Rubber, Chemicals, Drugs and Fuels Division, Office of Price Stabilization, Washington 25, D. C. Although a "sipall mine" pro¬ ducer need not file OPS Public Form No. 155, he must calculate his adjust¬ ment under section 4 (d> (2) on this form and keep it on file in accordance with the provisions of section 9 (f> of this regulation. Copies of OPS Public Form No. 155 may be obtained by writ¬ ing to the Solid Fuels Branch, Rubber, Chemicals, Drugs and Fuels Division, Office of Price Stabilization, Washington 25. D. C. (Sec. 704, 64 Stat. 816, as amended, 50 U. S. C. App. Supp. 2154) Note: The record-keeping and reporting requirements of this amendment have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Effective date. This amendment 3 to CPR 3 shall become effective as of Octo¬ ber 1, 1952, except that as to sales to retail coal dealers the effective date of ceiling prices shall be November 14, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. December 11, 1952. — . , I . ■' • •; r' ■ ' - * . \ *' . ■ » . I, 4 ■ • ' * V I ■ . > • . , ■ • . - • • ■ u v y . ! ■ A . - * , . • '*< . r,,v *»J P - 5H ■ •• . . ■ • <• • ' • i. . - ■. ■ ?. : * i> ■ . ■ . . . , * • & i* FILE following 81 Trans 31:11 (3-30-53) 81 Trans 31:206g. 1 INTERPRETATIONS CPR 3, Sec. 6(g) DELIVERIES BY CONTRACT CARRIER Constitute "hiring” A coal producer engages the services of a contract carrier to truck coal from the mine to the customer. Increased transportation costs permitted by OPS may be added to the producer's ceiling price (if such increase does not cause the cost of transporta¬ tion to exceed the lowest common carrier rate) since the transportation facilities are "hired" by the producer within the meaning of section 6(g) of CPR 3. (6-26-52 No. 8) FILE following 81 Trans 31:301 (4-9-51) 81 Trans 31:9901 OPS PUBLIC FORM NO 1 (Formerly Solid Fuels Form No. HI OFFICE OF PRICE STABILIZATION WASHINGTON 25. D.C. MONTHLY REPORT ON COAL MINE REALIZATION (Except Pennsylvania Anthracite) Budget Bureau No. 99-R001 Approval Expires March 31, 1952 The individual company information reported on this form is for use in connection with the defense mobilization program. Persons who have access to individual company information are stibject to pena11ies for unauthorized disclosure. Submit original to: OFFICE OF PRICE STABILIZATION, COLLEGE PARK, MARYLAND One (1) copy to be retained for Producer's records 1 r 1 L_ J J l. NAME OF PRODUCER (Code Space) 2. MAILING ADDRESS OF PROOUCER ( Street) (City) (Zone) (State) 3* M lHi*(Naaie(s)) (Code Space) SHIPPING POINT (Place) (State.) (Coal Act Diatrict) (Seam) 5. PERIOD OF REPORT (Month and year) REALIZATION BY SIZE GF OUPS L 1 N E SIZE GROUPS'* DESCR1PTION THIS MONTH’S SALES IN OPEN MARKET CUMULAT IVE SALES IN OPEN MARKET (See Instructions) TONS (a) TOTAL DOLLARS CHARGED (b) PER TON (c) TONS (d) TOTAL DOLLARS CHARGED (e) PER TON (f) 1 LUMP AND DOUBLE SCREENED, EXCEPT STOKER 2 STOKER COAL 3 RUN OF MINE 9 RESULTANTS (2" to 3/*” top) 5 RESULTANTS (3/^" top and minus) 9 TOTAL ALL SIZE GROUPS 10 LONG-TERM CONTRACT TONNAGE EXCLUDED _ _ *Or mine groups, See instructions "See instructions REALIZATION BASE ALLOWABLE PER TON (See instructions) $ REMARKS I certify that the data given above are true and correct to the best of my knowledge and belief DATE SIGNATURE OFFICIAL POSITION 81 Trans 31:9902 INSTRUCTIONS FOR PREPARATION OF SOLID FUELS FORM NO. 4 WHO SHALL FILE REPORTS: All producers of coal (except Pennsylvania anthracite) regardless of size are required to file a copy of Solid Fuels Form No. 4 with the Office of Price Stabilization on or before the twentieth day of each month for the previous month following the filing of a certified statement for each mine or group of mines for which ceil¬ ing prices have been proposed by the producer. WHERE: This report form to be mailed to: Office of Price Stabilization allege Park, Maryland for tabulation. Inquiries regarding Ceiling Price Regulation 3, are sent to Office of Price Stabilization, Washington 25, D. C. SALES IN OPEN MARKET: TONNAGE TO REPORT: The tonnages on which realization is to be reported shall include coal sold in the open market by customary methods of transportation, whether such coal be shipped by truck or wagon, by rail, barge, conveyor belt, tram¬ way, or other. Also to be included, at the option of the producer, is coal sold under long-term contracts as defined in the regulation (contracts running three (3) years or more and executed prior to July 1, 1948). Railroad weights shall be reported for all coal passing over railroad scales and gagers’ weights for all coal loaded at the mine into river craft. All other coal shall be reported at accurate weights. LONG-TERM CONTRACT TONNAGE EXCLUDED: If you elected to exclude long-term contract tonnage from your realization for the base period, report such monthly tonnage and realization on line 10. OTHER EXCLUDED TONNAGE: The tonnages on which realization is not to be reported: Other excluded tonnage shall include the following: (a) coal used to produce coal, (b) sales to employees of the producer, (c) coal used by producer or transported for consumption by him where no transfer of title is involved, (d) controlled sales for consumption by buyer where the relationship between the producer and buyer is that of wholly owned or controlled subsidiary and parent corporation, where there is common ownership or control of the producer and buyer in a third party, or where the relation between producer and buyer for any similar reason is such that the sale is noncompetitive. This definition of controlled sales is directed primarily to coal ordinarily designated as "captive," i.e., where the coal is delivered to and consumed by an affiliated concern. It is not intended to cover the disposal of coal-through an affiliated selling agency or through affiliated storage docks or retail yards to consumers who are not affiliated with the producer. SIZE GROUPS FOR REALIZATION PURPOSES: Size groups should be reported as follows: SIZE GROUP 01. - All lump and all double screened coal, except stoker coal. SIZE GROUP 02. SIZE GROUP 03. SIZE GROUP 04. SIZE GROUP 05. CUMULATIVE SALES: Stoker coal. Mine run, modified mine run, domestic mine run, screened and altered mine run, and minus resultant with top size over 2 inches. All minus resultant with top size over 3/4 inches but not exceeding 2 inches. All minus resultant with top size not exceeding 3/4 inch. Beginning with the month of February, 1951, tonnages and total dollars should be cumulated and per ton reali¬ zation computed until a twelve-month period is covered (ending January 31, 1952). Thereafter, there shall appear in the cumulative columns figures for the most recent twelve months of which the current month reported shall be one. REALIZATION BASE ALLOWABLE: The realization ceiling or target allowable per ton shall be shown monthly and shall accurately reflect the per-ton figure shown on Solid Fuels Form No. 1-E or No. 1-W, Psrt A, Line 99, or Solid Fuels Form No. 2, Line 12, whichever is governing. If for some reason, neither one governs the realization base allowable, the authority for such realization base allowable should be stated on each monthy report. If realization base allowable is changed, the more recent realization base allowable should be shown together with explanation of change. FILE following 81 Trans 31:9902 (4-9-51) 81 Trans 31:9903 OPS PUBLIC FORM NO. 2 (Solid Fuels No. 3~0) | OFFICE OF PRICE STABILIZATION f WASHINGTON 25, D.C. COAL PRICES BASED UPON HIGHEST PRICES CHARGED ON ACTUAL SALES IN OPEN MARKET DURING PERIOD SPECIFIED (Except Pennsylvania Anthracite) Budget Bureau No. 94-5105 Approval Expires April 30 . 1951 The individual company information reported on this form is for use in connection with the defense mobilization program. Persons who have access to individual company information are subject to penalties for unauthorized disclosure. I Hines Located East of Mississippi River - July I, 1948 through June 30, 1949 and, January 1-15, 1951. II Mines Located West of Mississippi River - March I, 1950 through January 15, 1951. 1. NAME OF 01 STRI BUTOR (Leave Blank) 2. MAILING ADCRESS OF DISTRIBUTOR ( Street) (City) (Zone) (State) (Leave Blank) 3 . NAME OF PRODUCER 4 . MINE OR GROUP OF MINES (Name(a) See instructions (Leave Blank) 5 . SHIPPING POINT (Place) (State) (Coal Act District) (i itate) PRICES TO BE REPORTED LINE NO. NAME OF SIZE, SIZE GROUP, OR GRADE (a) DIMENSIONS IN INCHES (b) HIGHEST PRICE BASED UPON ACTUAL SALES (c) TONNAGE SHIPPED ON PRICE SPECIFIED IN COL. (c) (d) DATE OF SALE let METHOD OF TRANSPORT FROM, MINE m MONTH TEAR 1 X 2 X 3 X 4 X 5 X 6 X 7 X 8 X 9 X 10 X 11 X 12 X 13 X 14 X 15 X 16 X 17 X 18 X 19 X 20 X REMARKS I certify that the data given above are true and correct to the best of my knowledge and belief. DATE SIGNATURE 0FFICIAL POSITION 81 Trans 31:9904 INSTRUCTIONS FOR PREPARATION OF OPS PUBLIC FORM NO 2. (Solid Fuels Form No. 3-D) WHO SHALL FILE REPORTS: All distributors of coal (except Pennsylvania anthracite) who desire to avail themselves of the prices permitted by the proviso of Section 10 of Ceiling Price Regulation No. 3 are required to file a copy of Solid Fuels Form No. 3-D with the Office of Price Stabilization on or before February 10, 1951, for each mine or preparation plant from which coal is purchased and resold, provided that a single combined report may be filed for any group of mines operated by a single producer if in the past such producer has customarily shipped interchangeably from such group of mines. HIGHEST BASE PRICES TO BE REPORTED: Fill out one line for each size, size group and grade, for each significant tonnage on which you wish to propose a ceiling price and give the following information: (a) In Column (a) give name of size conmonly used by the trade or size group as described in the following: Size group 01. All lump and all double screened coal, except stoker coal. Size group 02. Stoker coal. Size group 03. Mine run, modified mine run, domestic mine run, screened and altered mine run, and minus resultant with top size over 2 inches. Size group 04. All minus resultant with top size over 3/4 inch but not exceeding 2 inches. Size group 05. All minus resultant with top size not exceeding 3/4 inch. Also designate whether the coal is washed or treated, etc. for any preparation on which price differentials have been customary. (b) In Column (b) give dimensions, both top size and bottom size in inches for coal described in Column (a). (c) List highest price for the size described in Columns (a) and (b) on actual sales during the period specified on the form. (d) and (e) Give tonnage in Column (d), with month and year of sale in Coluim (e) on which your highest price is based. (f) Give information in Column (f) on method by which coal was shipped, whether by rail, river, conveyor, tramway, truck, or other. CEILING PRICES TO BE REPORTED: Within ten days of the effective date of Ceiling Price Regulation No. 3 you must file a certified statement of your ceiling prices if you desire to avail yourself of the prices permitted by the proviso of Section 10 of CFR No. 3. Such statement should be made by letter and should in¬ clude the mine identification information and the information contained in Columns (a), (b), and (f) on Solid Fuels Form No. 3-D and must be filed with the Director and with the regional office or offices of the Office of Price Stabilization in area or areas where your coal is shipped. FILE following 81 Trans 31:9904 (10-26-51) 81 Trans 31:9905 OPS PUBLIC FORM NO. 24 UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25, D.C. BUDGET BUREAU NO. 94.RI 27 APPROVAL EXPIRES MARCH 31. 1952 MONTHLY PLANT REALIZATION ON BRIQUETS MADE PRINCIPALLY FROM BITUMINOUS COAL PURSUANT TO CPR 3 - SR 1 The individual company information reported on this form is for use in connection with the De¬ fense Mobilization Program. Persons who have access to individual company information are subject to penalties for unauthorized disclosure. Submit Original only to the Office of Price Stabilization, Washington 25', D. C. See Instructions on reverse side. NAME OF PRODUCER MAILING ADDRESS OF PRODUCER (Street, City, Zone, State) BRIQUET PLANT (Name(s)) • SHIPP ING POINT (Place and State ) REPORT ( Month and Year ) REALIZATION BY SHAPE L 1 N E SHAPE OF BRIQUET UNIT WEIGHT IN OUNCES THIS MONTH'S SALES IN OPEN MARKET CUMULATIVE SALES IN OPEN MARKET (See Instructions) TONS (a) DOLLARS CHARGED TONS (d) DOLLARS CHARGED TOTAL (b) PER TON (c) TOTAL (e) PER TON (f) 1 PILLOW $ $ $ $ 2 CYLINDRICAL OR BARREL 3 OVAL 4 OTHER (Specify) 5 other (Specify) 6 TOTAL ALL SHAPES 7 LONG-TERM CONTRACT TONNAGE EXCLUDED REALIZATION BASE ALLOWABLE PER TON (See Instructions) AMOUNT AUTHORITY $ 1—1 SOLID FUELS 1 _1 FORM IE or 1W □ SOLID FUELS FORM NO. 2 □ OTHER (Specify) l _ REASON FOR CHANGE IN BASE ALLOWABLE (If any) I certify that the data given above are true and correct to the best of my knowledge and belief. NOTICE - A willful false return is a criminal offense. SIGNATURE OF OWNER OR AUTHORIZED REPRESENTATIVE TITLE DATE 81 Trans 31:9906 INSTRUCTIONS FOR PREPARATION OF OPS PUBLIC FORM NO. 24 , WHO SHALL FILE REPORTS: All producers of bituminous briquets produced at plants in or near the coal fields regardless of size are required to file a copy of OPS Public Form No. 24 with the Office of Price Stabilization, Washington 25, D.C., on or before the last day of each month for the previous month following the filing of a certified statement for each briquet plant or group of plants for which ceiling prices have been proposed by the producer. SALES IN OPEN MARKET: TONNAGE TO REPORT: The tonnage on which realization is to be reported shall include briquets sold in the open market by customary methods of transportation, whether such briquets be shipped by truck or wagon, by rail, barge, conveyor belt, tramway, or other. Also to be included, at the option of the producer, are briquets sold under long-term contracts as defined in the regulation (contracts running three (3) years or more and executed prior to July 1, 1948). • \ Railroad weights shall be reported for all briquets passing over railroad scales and gagers* weights for all briquets loaded at the plant into river craft. All other briquets shall be reported at accurate weights. LONG-TERM CONTRACT TONNAGE EXCLUDED: If you elected to exclude long-term contract tonnage from your realization for the base period, report such monthly tonnage and realization on Line 7. OTHER EXCLUDED TONNAGE: The tonnage on which realization is not to be reported: Other excluded tonnage shall include the following: (a) briquets used at briquet plants for power or heat, (b) sales to employees of the producer, (c) briquets used by producer or transported for consumption by him where no transfer of title is involved, (d) controlled sales for consumption by buyer where the relationship between the pro¬ ducer and buyer is that of wholly owned or controlled subsidiary and parent corporation, where there is common ownership or control of the producer and buyer in a third party, or where the relation between producer and buyer for any similar reason is such that the sale is noncompetitive. This definition of controlled sales is directed primarily to briquets ordinarily designated as * captive” i. e., where the briquets are delivered to and consumed by an affiliated concern. It is not intended to cover the disposal of briquets through an affiliated selling agency or through affiliated storage docks or retail yard to consumers who are not affiliated with the producer. SHAPES: On the appropriate line list each shape of briquet which you produce. For each shape show the weight in ounces. CUMULATIVE SALES: Beginning with the month of April 1951, tonnages and total dollars should be cumulated and per-ton realization computed until a twelve-month period is covered (ending March 31, 1952). Thereafter, there shall appear in the cumulative columns figures for the most recent twelve months of which the current month reported shall be one. % REALIZATION BASE ALLOWABLE: The realization ceiling or target allowable per ton shall be shown monthly and shall accurately reflect the per-ton figure shown on Solid Fuels Form 1-E or No. 1-W, Part A, Line 99, or Solid Fuels Form No. 2, Line 12, whichever is governing. If for some reason, neither one governs the realization base allowable, the authority for such realization base allowable should be stated on each monthly report. If realization base allowable is changed, the more recent realization base allowable should be shown together with explanation of change. FILE following 81 Trans 31:9906 (11-20-52) 81 Trans 31:9907 OPS PUBLIC FORM NO. 155 (11-52) UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25, D. C. COMPUTATION OF ADJUSTMENT IN CEILING PRICES AND CEILING WEIGHTED AVERAGE REALIZATION (REALIZA¬ TION BASE ALLOWABLE) (COAL, EXCEPT PENNSYLVANIA ANTHRACITE) PURSUANT TO SEC. 4(d)(2) OF CPR 3, AS AMENDED f - NAME OF PRODUCER FORM APPROVED BUDGET BUREAU NO. 94-R1033 Th* Individual company information ropartod on this form is for uso in connection with the Do- fonso Mobilisation Program. Parsons who hav« access to individual company information art subject to penalties for unauthorized disclosure. This form may be reproduced without change. 1 - ADDRESS OF PRODUCER (No. and Street) (City, tone. State) S - MINE OR CROUP OF MINES (Name(e)) (Shipping point) (State) (Coal Act District) (Seam) 4 - TYPE OF OPERATION (Check) I | C - STRIP MINE J A * DEEP MINE—MECHANICALLY LOADED J j B - DEEP MINE—HAND LOADED B - MOST RECENT REPRESENTATIVE PAYROLL PERIOD SUBSEQUENT TO SEPTEMBER 30. 1 08 1 AND PRIOR TO OCTOBER 1, 1 052 FROM (MO.) (Day) »» TO (MO.) (Day) • • PRODUCTION DURINC PAYROLL PERIOD SPECIFIED IN ITEM 5 TONS 7 - PAYROLL DURING PERIOD SPECIFIED IN ITEM 5 A - Paid to mine workers $ i B - Paid to supervisory, clerical and others $ C - Total dollar amount (Item 7A + Item 7B) $ D - Per ton amount ( Item 7C -f Item 6) (Calculate and report all per ton amounts to four places beyond decimal) $ 8 - APPLY NEW WAGE AND SALARY RATES TO PAYROLL SPECIFIED IN ITEM 5 A - Mine workers $ B - Supervisory, clerical and others $ C - Total projected payroll (Item 8A + Item 8B) $ D - Per ton amount (Item 8C -f- Item 6) $ 9 - Per ton increase due to wage and salary advances (Item 8D minus Item 7D) $ 10 • Per ton increase due to increases related to the payroll, but not included in Item 9 above. $ 11 - Per ton increase in payment to welfare and retirement fund $ 12 - Total per ton increase (Item 9 + Item 10 + Item 11) $ 13 -Realization per ton in period, October 1, 1951, through September 30, 1952 (OPS Public Form No. 1, line 9, Col. (f)). $ 14 - Adjusted current realization (Item 12 + Item 13) $ 15 - Present realization base allowable (As reported on OPS Public Form No. 1) $ 16 - Per ton amount of adjustment in Realization Base allowable. If amount in Item 14 is higher than the amount in Item 15, enter the difference on this line; rf the amount in Item 15 is higher than the amount in Item 14, write "None 1 ’ on this line. In the latter case, the amount in Item 15 remains os the realization base allowable, and Item 17 is not applicable since no adjustment in realization base allowable is permitted. $ (Over) 81 Trans 31:9908 17 - Realization base allowable under Section 4(d)(2) of CPR 3, as amended. Using the formula in Column (b) of the following table and beginning with the month in which the increase reported in Item 12 became effective as the first month, enter the realization base allowable for that month and for each succeeding month in Column (c) MONTH (Show Name and Year) (•) REALIZATION BASE ALLOWABLE FORMULA (b) REALIZATION BASE ALLOWABLE PER TON UNDER SECTION 4(d)(2) OF CPR 3, AS AMENDED (c) 1st Amount in Item 15+ 10% of amount in Item 16 $ 2nd Amount in Item 15 + 20% of amount in Item 16 $ 3rd Amount in Item 15 + 30% of amount in Item 16 $ j 4th Amount in Item 15 + 40% of amount in Item 16 $ 5th Amount in Item 15 + 50% of amount in Item 16 $ 6th Amount in item 15 + 60% of amount in Item 16 $ 7* Amount in Item 15+ 70% of amount in Item 16 $ 8th Amount in Item 15 + 80% of amount in Item 16 $ 9th Amount in Item 15 + 90% of amount in Item 16 $ 10th Amount in Item 15 + 100% of amount in Item 16 $ 11th Amount in Item 15 + 100% of amount in Item 16 $ 12th Amount in Item 15 + 100% of amount in Item 16 $ All Succeeding Months Amount in Item 15 + 100% of amount in Item 16 $ 1 certify that the data given on this form are true NOTICE: A willfully false statement and correct to the best of my knowledge and belief. is a criminal offense. SI6NATURE OF PRODUCER TITLE DATE OPS PUBLIC FORM NO. 155 (11-52) (Page 2) INSTRUCTIONS FOR COMPLETING OPS PUBLIC FORM NO. 155 (11-52) Submit original on/y. Detach instructions before submitting. 81 Trans 31:9909 Sec. 4(d)(2) of CPR 3, as amended, provides for an adjust¬ ment in ceiling prices for all mines or groups of mines and an ad¬ justment in ceiling weighted average realization (Realization Base Allowable) for certain mines or groups of mines which incurred cost increases as a result of increased wage and salary costs, related payroll costs and welfare and retirement fund payments, which increases became effective subsequent to September 30, 1952, and prior to May 1, 1953, and which increases satisfy the policy and requirements of the Wage Stabilization Board of the Economic Stabilization Agency. The adjustments should be calcu¬ lated on OPS Public Form No. 155 (11-52), The total per ton in¬ crease calculated in Item 12 is the amount by which you may in¬ crease your ceiling prices. The amount, if any, obtained in Item 16 is the amount you may add to your ‘Realization Base Allowable;" this adjustment may be applied only on the graduated basis pro¬ vided in Item 17. WHO SHALL PREPARE REPORTS: All producers of coal (except Pennsylvania anthracite) who wish to claim an adjustment in their ceiling prices and "Realiza¬ tion Base Allowable" by reason of increases incurred in accord¬ ance with Section 4(d)(2) of CPR 3, as amended should prepare OPS Public Form No. 155(11-52). A report should be prepared for each mine or group of mines for which a "Realization Base Allowable" and ceiling prices have been established. WHO SHALL FILE REPORTS: Reports shall be filed by all producers of coal (except Penn¬ sylvania anthracite) for each mine or group of mines which produced in excess-of 100 tons of coal per day of operation during the cal¬ endar year 1951, and who wish to claim an adjustment in accord¬ ance with Section 4(d)(2) of CPR 3, as amended. This form should be filed by registered mail, return receipt requested, with the Solid Fuels Branch; Rubber, Chemicals, Drugs and Fuels Division; Office of Price Stabilization, Washington 25, D. C., within 20 days of the issuance date of Amendment 2 to CPR 3, or within 20 days after the increases become effective, whichever date is later. If operators of mines which produced 100 tons or less of coal per day of operation during the calendar year 1951 wish to claim an adjustment in their ceiling prices and ceiling weighted average real¬ ization as a result of increased wage and salary costs, related pay¬ roll costs and welfare and retirement fund payments occasioned by increases which became effective subsequent to September 30, 1952, and prior to May 1, 1953, and which increases satisfy the policy and requirements of the Wage Stabilization Board of the Economic Stabilization Agency, they should calculate the adjust¬ ment on OPS Public Form No. 155 (11-52) but need not file the form with the Office of Price Stabilization. It should be retained in the producer’s files in accordance with the record-keeping requirements of the regulation. MOST RECENT REPRESENTATIVE PAYROLL PERIOD (ITEM 5): The producer shall select the most recent representative pay¬ roll period subsequent to September 30, 1951 and prior to October 1, 1952. For purposes of this report, a representative payroll period means a period of at least two consecutive weeks of normal opera¬ tions. PRODUCTION (ITEM 6): Report all coal for use or for sale which was produced at the mine or group of mines covered by this report during the representa¬ tive payroll period selected. PAID TO MINE WORKERS (ITEM 7A): Include amounts paid to all mine workers paid on a daily or tonnage basis. PAID SUPERVISORY, CLERICAL AND OTHERS (ITEM 7B h Include amounts paid to all supervisory, clerical, and other employees, exclusive of mine workers. APPLYING NEW WAGE AND SALARY RATES (ITEM 8)t Take payroll selected as representative and apply to it new wage and salary rates which became effective subsequent to Sep¬ tember 30, 1952 and prior to May 1, 1953 to determine adjusted basis comparable to amounts shown in Items 7A and 7B. PER TON INCREASE DUE TO INCREASES RELATED TO THE PAYROLL, BUT NOT INCLUDED IN ITEM 9 ABOVE. Include all increases in payroll costs, except direct payroll cost increases reported in Item 9. For example, increases which became effective subsequent to September 30, 1952 and prior to May 1, 1953 in social security taxes, workmen’s compensation, un¬ employment compensation, etc., which are based on the payroll and are borne by the producer. Do not include increases in supply costs and other costs which are not related to the payroll. PER TON INCREASE IN PAYMENTS TO WELFARE AND RETIRE¬ MENT FUND (ITEM 11): Include welfare and retirement fund payment increase per ton which satisfies the requirements of the Wage Stabilization Board and which became effective subsequent to September 30, 1952 and prior to May 1, 1953. TOTAL PER TON INCREASE (ITEM 12): This is the amount by which you may increase your ceiling prices. For adjustment in "Realization Base Allowable" see Items 16 and 17. (Over) 81 Trans 31:9910 INSTRUCTIONS FOR COMPLETING OPS PUBLIC FORM NO. 155 (11-52) (Continued) REALIZATION IN PERIOD OCTOBER 1,1951 THROUGH SEPTEM¬ BER 30, 1952 (ITEM 13): Report the cumulative per ton realization shown on Line 9, Column (f) of the OPS Public Form No. 1 report for September 1952. This amount should represent the total dollars received from the sale of all sizes and grades of coal during the period October 1, 1951 to September 30, 1952, both dates inclusive, divided by the total tons of such coal sold during the same period. PRESENT REALIZATION BASE ALLOWABLE (ITEM 15): This is the per ton ceiling weighted average realization previously reported as "Realization Base Allowable" on Line 12 of Solid Fuels Form No. 2; or, in the event no Form No. 2 was filed, on Line 99, Column C, Part A of Solid Fuels Form No. 1-E or 1-W; or established under Section 6 of CPR 3. PER TON AMOUNT OF ADJUSTMENT IN REALIZATION BASE ALLOWABLE (ITEM 16): This per ton amount of adjustment, if any, may be applied only on the graduated basis provided in Item 17. REALIZATION BASE ALLOWABLE UNDER SEC 4(d)(2) OF CPR 3, AS AMENDED (ITEM 17): Show as the first month in Column (a) of the table the name of the month in which the increase reported in Item 12 became effec¬ tive. For most mines this will be the month of October 1952. It should be noted that the realization base allowable increases on a graduated scale for the first ten months after the increase in Item 12 became effective. The cumulative weighted average real¬ ization for a 12-month period ending with a month shown in Col umn (a) cannot exceed the realization base allowable in Column (c) for that month. EXAMPLES OF COMPUTATION OF ADJUSTMENT IN REALIZATION BASE ALLOWABLE UNDER SEC 4(d)(2) OF CPR 3, AS AMENDED 1. The following mine would qualify for an adjustment in its "Realization Base Allowable” Item 12 - Total per ton increase f 0.3500 Item 13 - Realization per ton 10/1/51 thru 9/30/52 . < 4.9500 Item 14 - Adjusted current realization per ton $ 5.3000 Item 15 - Present realization base allowable _ per ton I 5,0000 Item 16 - Per ton amount of adjustment in Real¬ ization Base Allowable > 0.3000 Item 17 - Computation of realization base al¬ lowable under Sec. 4(d)(2) of CPR 3, as amended (Assume Item 12 increase became ef¬ fective October 1, 1952) (See table below) II. The following mine would not qualify for an adjustment in its "Realization Base Allowable" Item 12 - Total per ton increase $ 0.3800 Item 13 - Realization per ton in period October 1, 1951 through September 30, 1952 I 4.7000 Item 14 - Adjusted current realization per ton $ 5.0800 Item 15 - Present realization base allowable per ton > 5.2000 Item 16 - Per ton amount of adjustment in Real¬ ization Base Allowable None This mint’s total realization base allowable remains at $5.2000 per ton. EXAMPLE MONTH (Show Name and Year) («) REALIZATION BASE ALLOWABLE FORMULA (*») REALIZATION BASE ALLOWABLE PER TON UNDER SEC. 4(d)(2) OF CPR 3, AS AMENDED (c) 1st October 1952 Amount in Item 15 + 10% of amount in Item 16 $ 5.0300 2nd November 1952 .. » .. + 20%.” " 5.0600 3rd December 1952 " ” " " + 30%.. ” ” 5.0900 4th January 1953 ” ” ” ” + 40%. 5.1200 5th February 1953 »• .. 50%.. " 5.1500 6th March 1953 ” ” •* ” + 60% ... ” 5.1800 7th April 1953 ” " ” " + 70% ” 5.2100 8th May 1953 » H ». II + 80% ” .. ” 5.2400 9th June 1953 •• •’ ” ” + 90% ” ” . 5.2700 10th July 1953 .* ” + 100%" ” .. 5.3000 11th August 1953 5.3000 12th September 1953 5.3000 All Succeeding Months 5.3000 81 Trans 32:1 Ceiling Price Reg. 4 FEB. 2, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | CPR 4 | Anthracite Delivered From Mine or Preparation Plant Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong ), Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency Gen¬ eral Order No. 2 (16 F. R. 738); It is hereby ordered, That ceiling prices on the sale of anthracite from a mine or preparation plant shall be effective as provided in this Ceiling Price Regula¬ tion 4. Statement of Considerations The level of prices on anthracite has not changed basically since the start of the Korean conflict. Faced with inten¬ sive competition of oil, natural gas, and bituminous coal, the anthracite industry has not been able to realize market ex¬ pansion with the growth of defense ac¬ tivity and, as a matter of fact, is operating on a narrow financial margin. Moreover, it appears that anthracite mining capacity is well above require¬ ments of the prospective market. Available information, covering over two-thirds of the anthracite industry, shows that net income before taxes was about 15 cents per ton in 1950, and as low as 5 cents per ton in November of that year. This income was only 1 to 2 per¬ cent of the average mine price. The larger sizes are distributed almost exclusively for home heating. Although a substantial portion of the steam sizes is sold to industrial consumers, primari¬ ly for steam generation purposes, the major portion of the small sizes is con¬ sumed in domestic and commercial heat¬ ing. All together, about 75 percent of the commercial anthracite production moves for space heating purposes. Sub¬ stitutes for solid fuels cannot be made without equipment changes. The New England States, New York, New Jersey, Delaware, Maryland, Penn¬ sylvania. and the District of Columbia make up the industry's primary market¬ ing area, and this area consumes about 80 percent of the anthracite shipped to market. As of July 1, 1948, the Census Bureau estimated that almost one-third of the nation's population lived in this marketing area. These facts demon¬ strate the vital importance of the an¬ thracite industry as an important source of fuel for a large segment of the nation's population. The need to increase its production during the defense period, is underscored further by the fact that of all the fuels commonly used for space heating in this principal market area, the consumption of anthracite accounted for 40 percent of the total of all fuels consumed. Anthracite during World War II. and the need for increased "production dur¬ ing the present defense period. The anthracite industry made a substantial contribution to the heavy demands for fuel during World War II. For the five years ending December 31, 1946, the total anthracite production averaged more than 60 million tons per year. Because of the large military demands for fuel oil, the great industrial needs for bi¬ tuminous coal and metallurgical coke, and the shifts in population, many con¬ sumers formerly using these war-drafted fuels, had to use anthracite to take care of their fuel needs. The strategic importance of anthra¬ cite in time of national emergency, can¬ not, therefore, be overestimated. Upon the basis of these facts and cir¬ cumstances, and giving consideration to the national effort to achieve maximum production in furtherance of the objec¬ tives of the Defense Production .Act of 1950, it is readily apparent that anthra¬ cite production must expand to meet the present defense demands. The present position of the anthracite industry. Preliminary figures show that the total production for 1950 will approx¬ imate 42 million tons, or 30 percent less than the average yearly production dur¬ ing the period of World War II. The industry's price pattern since April 1950. On March 16, 1950, the an¬ thracite industry signed a wage contract, calling for increased wages, with repre¬ sentatives of the United Mine Workers of America. Anthracite prices are cus¬ tomarily reflected in published circular prices issued by the major operators, and in April of 1950, the operators published their circular prices which took into ac¬ count the March wage contract. Since April 1950, however, basic material and supply costs have steadily risen, while the prices published in April 1950 pre¬ vailed for sales made throughout that year. A study of the Industry’s supply cost shows a weighted average increase of 13.4 percent. This is equivalent to 10.7 cents per net commercial ton of produc¬ tion. Anthracite companies were no¬ tified on January 1, 1951, by the Bureau of Employment and Ucemployment Compensation .of the State of Pennsyl¬ vania that minimum unemployment rates in effect under the merit rating sys¬ tem were being increased. The maxi¬ mum taxable wages increased from $3,000 to $3,600 for Old Age Insurance. The total social security increase cost is 9.2 cents per net ton. On January 26, 1951, the Industry signed a new wage contract with the UMWA calling for a higher wage. Trans¬ lated into production costs, this wage increase with equalizing increases for clerical and supervisory forces, adds $0 696.per net ton to the industry’s cost of producing anthracite. The industry’s level of prices on January 1, 1951, and its present financial condition does not per¬ mit industry absorption of this increased cost of production. The total of all of the cost increases detailed is 89.5 cents. Giving due consideration to the na¬ tional effort to achieve maximum pro¬ duction in furtherance of the objectives of the Defense Production Act of 1950, it is thus apparent that the ceiling prices for the industry must take into account the increased supply costs which the in¬ dustry has not passed along to its cus¬ tomers. It is also apparent, for the same reasons, that the period May 24, 1950, to June 24, 1950, is not generally represen¬ tative for this industry, and that the in¬ dustry must be permitted to price its anthracite on the basis of the circular prices which it had in effect on January 1, 1951, supplemented by the aforesaid increased costs. Special services such as oil treatment, truck loading at pockets, etc., shall be continued and charges for such services shall be made in the same amounts as they have historically been in the past. The regulation also establishes quality standards for anthracite and specified amounts by which ceiling prices must be reduced for anthracite failing to meet such standards. These stated differen¬ tials are defined to reflect the loss in value to the consumer by reason of the higher ash content, and it is accordingly necessary to decrease the ceiling prices applicable to substandard anthracite to preserve the relative values between standard and poor quality anthracite. With respect to customary marketing of anthracite some companies have re¬ ceived a premium for anthracite. Upon filing proof with the Director, producers may add such differential, not in excess of 25 cents per net ton, to the ceiling price applicable to such coals. Findings of the Director of Price Stabilization In the judgment of the Director of Price Stabilization the provisions of Ceiling Price Regulation No. 4 are gener¬ ally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950. So far as practicable the Director of Price Stabilization gave due considera¬ tion to the national effort to achieve maximum production in furtherance of the objectives of the Defense Production Act of 1950; to prices prevailing during the period from May 24, 1950, to June 24, 1950, inclusive; and to relevant factors of general applicability. In formulating this regulation the Di¬ rector has consulted with representatives of the industry to the extent practicable under the circumstances, and has given consideration to their recommendations. Sec. 1. Applicability of regulation. 2 Definitions. 3. Prohibitions against selling or delivering anthracite at prices above the celling. 4 Less than celling prices. 5. Adjustment of prices. 9. Adjustable pricing. 81 Trans 32:2 8ec. 7. Premium coals. 8 Special services. 9 Transportation 10. Taxes 11. Evasion. 12. Records and reports. 13. Petitions for amendment. 14. Enforcement. Authoritt: Sections 1 to 14 Issued under sec. 704. Pub. Law 774, 81gt Cong. Interpret or apply Title IV. Pub. Law 774, 81st Cong E. O 10181, Sept. 0. 1050. 15 F R 6106 Section 1. Applicability of regulation. This regulation establishes celling prices on anthracite produced and sold f. o. b. the mine. Sec. 2. Definitions. When used in this regulation, the term: (a) “Person'' Includes an individual, corporation, partnership, association or any other organized group of persons, or legal successor or representative of any of the foregoing, and Includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing. (b) ‘ Producer” means a person en¬ gaged in the business of mining and/or preparing anthracite and any person acting as an agent of a producer in the sale of anthracite. No person shall, in the course of trade or business, buy or receive anthra¬ cite so delivered or shipped at prices higher than the ceiling prices set forth in Appendix A, attached hereto, and made a part hereof. No person shall agree, offer, solicit, or attempt to do anything prohibited under this regulation Sec. 4. Less than ceiling prices. Lower prices than those set forth in this part and Appendix A attached hereto may be charged, demanded, paid, or offered Sec. 5. Adjustment of prices. The Di¬ rector may by order grant an adjust¬ ment of the prices shown in Appendix A when the producers, individually or col¬ lectively, show to the satisfaction of the Director that (a) the sale of the entire production of the mine at ceiling prices would not return a realization equal to the representative cost of production; and (b) such costs of production are of a continuing nature; and ► Sec. 13. Petitions for amendment. Any person seeking an amendment of any provision of this regulation may file a petition for amendment in accordance with Price Procedural Regulation 1 is¬ sued by the Economic Stabilization Ad¬ ministrator. Sec. 14. Enforcement. Any person who violates any provision of this regu¬ lation is subject to the criminal penal¬ ties. civil enforcement actions, and suits for damage provided for by the Defense Production Act of 1950. Effective date. This regulation shall become effective on the first day of Feb¬ ruary, 1951. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Michael V. DiSalle, Director of Price Stabilization. February 1. 1951. Appendix A C. P. R. No. 4 1. The following celling prices, subject to the exceptions set forth In this regulation, are established for anthracite f. o. b. mine: Per Per net ton net ton Broken _ $14. 20 Rice....$6.40 Egg coal... .. 14.45 Barley _ 6. 10 Stove _ __ 14.70 Buckwheat No. Cheatnut . .. 14.60 4 and small- Pea __ .. 11.40 er_ 4. 10 Buckwheat .. 8.00 2. No person subject to this regulation may sell or deliver anthracite produced and prepared by him at celling prices established by paragraph 1 of this Appendix, unless such anthracite meets the quality standards and size specifications set forth In Appendix B hereof; otherwise, the celling prices shall be those set forth In paragraph 3 of this ap¬ pendix. 3. The celling prices for anthracite (includ¬ ing anthracite for which a celling price has been established by any special order Issued under this regulation, or otherwise), which does not meet the quality standards and price specifications set forth In Appendix B hereof, shall be the applicable celling price set forth below: Per Per net ton net ton Broken _ . $13.05 Rice .. $5. 80 Egg - . 13.30 Barley _ 4. 60 8tove _ . 13.56 Buckwheat No. Chestnut .. . 13. 45 4 and small- Pea _ . 10 40 er. 3 70 Buckwheat 7. 30 Note: Persons subject to the regulation shall continue to observe their customary and standard cash discount practices appendix R—Standard Anthracite Specifications Approved and Adopted ry the Anthracite Committee Effective July 28, 1047 Round test mesh, Inches Percent Overslie, maxi mum Under¬ sire, maxi¬ mum Mini- mum Maximum, impurities 1 Slate Bone Ash » Broken. Through 444. 1)4 2 11 Egg. Over 3), to 3. 15 7H. Through 3)4 to 3. 5 1)4 2 11 Stove. Over 2Ms. 15 7 H Through 2Ms. 7)4 2 3 11 Chestnut. Over 144. 15 7)4 Through 154. .. 7h 3 4 11 Pea . Over 'Ms... 15 7)4 Through 1 41 •. 10 4 5 12 Buckwheat No. 1 . Over Ms. 15 7)4 Through Ms. 10 13 Buckwheat No 2 (Rice) .. Buckwheat No. 3 (Barley). Buckwheat No. 4. Over Ms . 15 7)4 Through Ms.. . 10 13 Over Ms 17 7)4 Through Ms.. 10 15 Over Ma. _.. 20 10 Through 54s.. 20 15 Buckwheat No. 5 Over 44 4 ... 30 No limit 10 Through 44«.. 30 16 1 When slate content in the sires from broken to chestnut, Inclusive, Is less than above standards, bone content may be increased by 1)4 times the decrease in the slate oontent under the allowable limits, but slate content specified above shall not be exceeded In any event. A toleranoe of 1 percent is allowed on the maximum percentage of undersire and the maximum percentage of ash oontent. The maximum percentage of undersire is applicable only to anthracite as it is produced at the preparation plant. “Slate” is defined as ary material which has less than 40 percent fixed carbon. “Bone" . . * «■ ' . >■ • Jfl■ • ; ■ ifl ' FILE following 81 Trans 32:11) (10-6-52) 81 Trans 32:13 Adjustments on All Sizes (Amending Apps. A and B) OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 4 Amendment 5 OCT. 3. 1952 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 4. Arndt. 5] CFR 4—Anthracite Delivered Prom Mute or Preparation Plant ADJUSTMENTS ON ALL SIZES Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161 and Economic Stabilization Agency General Order No. 2, this Amendment 5 to Ceiling Price Regula¬ tion 4 is hereby issued. statement of considerations This amendment increases the ceiling prices on all sizes of Anthracite by 20 cents per net ton f. o. b. the mines. The increase has been requested by the an¬ thracite industry because of the interim agreement reached between the Inter¬ national Union of United Mine Workers of America, and the anthracite pro¬ ducers increasing the amount which the producers must pay to the Anthracite Health and Welfare Fund from 30 cents to 50 cents per net ton. The Wage Sta¬ bilization Board has advised the Union and the industry that “prior Board ap¬ proval is not required before the affected employers may increase their contribu¬ tions to the Anthracite Health and Welfare Fund from 30* per ton to 50* per ton, provided that such increase in contributions is necessary to maintain the level of benefits prevailing on Jan¬ uary 25, 1951. Any increase in benefit levels or the institution of additional benefits requires Board approval.” Increases in the ceiling prices for some sizes of anthracite were recently author¬ ized by the Office of Price Stabilization in Amendment 4. The increase authorized by that amendment was intended to per¬ mit the industry to recover substantially the amount to which it was entitled un¬ der the Industry Earnings Standard. On the basis of the industry earnings sur¬ vey, and information received for the period January-July, 1952, this industry has demonstrated that the need for re¬ lief is immediate. So as not to delay this relief, the Agency is permitting an increase generally sufficient to cover the amount of increase in the welfare fund agreement. If the anthracite industry demonstrates that there is need for fur¬ ther relief so as to bring the level of the earnings of the industry up to the 85% level warranted by the Industry Stand¬ ard, the Agency will take whatever action is deemed appropriate. So far as practicable, the Director of Price Stabilization gave due considera¬ tion to the national effort to achieve maximum production in furtherance of the objectives of the Defense Production Act of 1950, as amended, and to relevant factors of general applicability. In the judgment of the Director of Price Stabilization this amendment is generally fair and equitable and is nec¬ essary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. In the formulation of this amendment, there has been consultation with indus¬ try representatives, including trade asso¬ ciation representatives, and considera¬ tion has been given to their recommen¬ dations. AMENDATORY PROVISIONS 1. The ceiling prices in Appendix A, provision 1, as amended, are further amended by an increase of 20 cents per net ton on all sizes so that provision 1 to Appendix A will read as follows: 1. The following ceiling prices, subject to the exceptions set forth in this regu¬ lation, are established for Anthracite f. o. b. mine: Per net ton Broken_$14. 40 Egg coal_ 14. 66 Stove_ 14. 90 Chestnut_ 14. 80 Pea_ 11. 60 No. 1 Buckwheat_ 8. 95 Rice_ 7. 35 Barley_ 6. 05 Buckwheat No. 4 and smaller_ 5.05 2. The ceiling prices for “sub-stand¬ ard” anthracite in Appendix A, provision 3, as amended,, are further amended by an increase of 20 cents per net ton on all sizes so that provision 3 of Appendix A will read as follows: 3. The ceiling prices for anthracite (in¬ cluding anthracite for which a ceiling price has been established by any special order issued under this regulation, or otherwise), which does not meet the quality standards and price specifications set forth in Appendix B hereof, shall be the applicable ceiling price set forth below: Per net ton Broken_ $13. 25 Egg coal_ 13. 50 Stove_ 13. 75 Chestnut_ 13. 65 Pea.. 10. 60 No. 1 Buckwheat_ 8. 25 Rice._ 6. 75 Barley_ 6. 56 Buckwheat No. 4 and smaller_ 4. 65 (Sec. 704, 64 Stat. 816, as amended, 60 U. S. C. App. Supp. 2154) Effective date. This amendment 5 to CPR 4 shall become effective as of October 1, 1952. Tighe E. Woods, Director of Price Stabilization. October 3, 1952. . (11-20-52) 81 Trans 32:15 FILE following 81 Trans 32:13 Adjustments on All Sizes (Amending App. A) Ceiling Price Regulation 4 Amendment 6 NOVEMBER 14, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency 1 Ceiling Price Regulation 4, Arndt. 6] CPR 4—Anthracite Delivered From Mine oh Preparation Plant ADJUSTMENTS ON ALL SIZES Pursuant to the Defense Proauction Act of 1950, as amended. Executive Order 10161 and Economic Stabilization Agen¬ cy General Order No. 2, this Amendment 6 to Ceiling Price Regulation 4 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to Ceiling Price Reg¬ ulation 4 increases the ceiling prices on all sizes of anthracite by amounts rang¬ ing from 40 cents to $1.35 per net ton, f. o. b. the mines. These increases are necessary to permit the anthracite-pro¬ ducing industry to meet the Industry Earnings Standard. An industry earnings survey of the anthracite-producing industry was made earlier this year at the request of the Anthracite Industry Advisory Commit¬ tee. As a result of the findings of the survey the ceiling prices of the industrial sizes (buckwheat No. 1 and smaller) were adjusted in the amount of 75 cents per ton, becoming effective on August 12, 1952. This interim adjustment did not exhaust the entire amount of entitle¬ ment of the industry under the Industry Earnings Standard. Further study of industry earnings shows that the industry is entitled to an additional price increase averaging 35.5 cents per ton to permit it to meet the industry earnings standard. The in¬ creases provided in this amendment in¬ clude that amount. On October 3, the ceiling prices of all sizes of anthracite were increased in the amount of 20 cents per net ton, reflecting the additional payment into the Anthracite Health and Welfare Fund agreed to by the industry and the United Mine Workers of America. The increase in the welfare payment was in¬ cluded in an interim agreement pending the completioh of negotiations on wage and other matters. On November 1, 1952, the representa¬ tives of the anthracite industry and UMW of A reached an agreement on wage increases to be paid the miners, effective November 16, 1952, as well as further changes in the terms and con¬ ditions of employment. The agreement sets forth in detail a method of apply¬ ing the wage increases which have been granted to employees paid daily and on piece-work rates. The anthracite industry wage agree¬ ment has been submitted to the Wage Stabilization Board for approval and is now being considered by that Agency. An increase of at least $1.50 per day for the anthracite industry, paralleling that already approved for bituminous will be effective retroactive to Novem¬ ber 16, 1952, upon formal approval by the Wage Stabilization Board. Thus the anthracite producers will begin to incur substantially higher production costs be¬ ginning November 16, which the indus¬ try cannot absorb under the Industry Earnings Standard. The increases included in this price action, therefore, reflect the amount to which the industry is entitled under the Industry Earnings Standard including a cost increase based on an average wage increase of $1.50 per day, amounting to a total of $1,047 per net ton. If a higher rate increase is hereafter authorized a further adjustment may be required. Prices on the smaller sizes of anthra¬ cite coal have traditionally been lower than on the larger prepared sizes. This reflects strong competition with other forms of solid fuels and with oil and gas. In order to permit the industry to obtain earnings to which it is entitled under the Industry Earnings Standard, the various sizes of anthracite are being increased by amounts ranging from 40 cents per net ton on buckwheat Nos. 4 and 5 and smaller to $1.35 on broken size. So far as practicable, the Director of Price Stabilization gave due considera¬ tion to the national effort to achieve maximum production in furtherance of the objectives of the Defense Production Act of 1950, as amended, and to relevant factors of general applicability. In the judgment of the Director of Price Stabilization this amendment is generally fair and equitable and is neces¬ sary to effectuate the purposes of Title IV of the Defense Production Act, as amended. In the formulation of this amendment, there has been consultation with indus¬ try representatives, including trade as¬ sociation representatives, and considera¬ tion has been given to their recommen¬ dations. AMENDATORY PROVISIONS 1. The ceiling prices in Appendix A, provision 1, as amended, are further amended by an increase on all sizes so that provision 1 to Appendix A will read as follows: 1. The following celling prices, subject to the exceptions set forth In this regulation, are established for Anthracite f. o. b. mine: Per net ton Broken_$15. 75 Egg- 16. 00 Stove_ 16. 25 Chestnut_ 16. 15 Pea__i,_ 12. 85 Buckwheat No. li___ 10.10 Rice_ 8. 35 Barley_ 6. 55 Buckwheat No. 4 and smaller_ 5. 45 2. The ceiling prices for “sub-stand¬ ard” anthracite in Appendix A, provision 3, as amended, are further amended by an increase on all sizes so that provision 3 of Appendix A will read as follows: 3. The celling prices for anthracite (in¬ cluding anthracite for which a celling price has been established by any special order Issued under this regulation, or otherwise), which does not meet the quality standards and price specifications set forth In Ap¬ pendix B hereof, shall be the applicable cell¬ ing price set forth below: Per net ton Broken_ $14. 60 Egg.... 14. 85 Stove_ 15.10 Chestnut_ 15.00 Pea_ 11.85 Buckwheat No. 1_ 9. 40 Rice__ 7. 75 Barley_ 6. 05 Buckwheat No. 4 and smaller_ 5.05 (Sec. 704, 64 Stat. 816, as amended. 50 U. S. C. App. Sup. 2154) Effective date. This amendment 6 to CPR 4 shall become effective November 16, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. November 14, 1952. - . M -* ?Z f . ■ ' * ' . I 81 Trans 32:301 Ceiling Price Regulation 4 Supplementary Regulation 1 MARCH 3, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 4, Supplementary Regulation 1] CPR 4 —Anthracite Delivered Prom Mine or Preparation Plant SR 1—ANTHRACITE BRIQUETS PRODUCED AT OR MADE AT PLANTS IN PENNSYLVANIA ANTHRACITE FIELD Pursuant to the Defense Production Act of 1950 (Public Law 774, 81st Cong.), Executive Order 10161 (15 F. R. 6105) and Economic Stabilization Agency Gen¬ eral Order No. 2 (16 P. R. 738), this Sup¬ plementary Regulation No. 1 to Ceiling Price Regulation No. 4 (16 F. R. 1011) is hereby issued. STATEMENT OF CONSIDERATIONS Anthracite briquet manufacturing plants are located in the Anthracite Re¬ gion of Pennsylvania. For the most part these plants are adjuncts of anthracite preparation plants. The product, a domestic fuel, consists of 80 percent anthracite, 7 to 8 percent asphalt as a binder, and 12-13 percent bituminous coal. Total production of anthracite bri¬ quets in 1950 was 359,000 net tons. The product is made in one size and sold at one price. Cost increases over January 1, 1951, have resulted from the new wage agree¬ ment with U. M. W. A. negotiated Janu¬ ary 26, 1951. Material costs, principally anthracite and bituminous coal, have advanced pursuant to the authority of Ceiling Price Regulations Nos. 3 and 4 made effective on February 1, 1951. As¬ phalt, the third principal ingredient, has advanced sharply in price since 1950. The labor increase amounts to $0.1731 per net ton, Social Security and old age benefits $0.0095, materials $0.4095, or a total cost increase of $0.5921 per ton, which practically eliminates the $0.64 net income per ton before taxes realized on the entire 1950 business. This supplementary regulation is in¬ tended to offset the actual cost increase cited above. FINDINGS OF DIRECTOR OF PRICE STABILIZATION In the judgment of the Director of Price Stabilization the provisions of Sup¬ plementary Regulation No. 1 to Ceiling Price Regulation No. 4 are generally fair and equitable and are necessary to effec¬ tuate the purposes of Title IV of the De¬ fense Production Act of 1950. So far as practicable the Director of Price Stabilization gave due considera¬ tion to the national effort to achieve maximum production in furtherance of the objectives of the Defense Produc¬ tion Act of 1950; to prices prevailing dur¬ ing the period from May 24, 1950, to June 24, 1950, inclusive and to relevant factors of general applicability. In formulating this supplementary regulation the Director has consulted with representatives of the industry to the extent practicable under the circum¬ stances, and has given consideration to their recommendations. REGULATORY PROVISIONS Sec. 1. Applicability of supplementary regula¬ tion. 2. Definitions. 3. Authority to Increase ceiling prices. 4. Miscellaneous. Authority: Sections 1 to 4 Issued under sec. 704, Pub. Law 774, 81st Cong. Inter¬ pret, or apply Title IV, Pub. Law 774, 81st Cong., Executive Order 10161, September 9, 1960, 15 P. R. 6105, 3 CFR, 1950 Supp. Section 1. Applicability of supplemen¬ tary regulation. This supplementary regulation grants authority to a person engaged in the business of manufactur¬ ing briquets, made principally from an¬ thracite coal, located in the Pennsyl¬ vania anthracite field to increase the ceiling price on briquets sold by them, or their agents, f. o. b. the plant. Sec. 2. Definitions. When used in this supplementary regulation, the term: (a) “Producer” means a person en¬ gaged in the business of manufacturing briquets, principally from anthracite coal, and any person acting as an agent of a producer. (b) “Distributor” means a person who purchases briquets at or for delivery from a briquet plant, for resale, and resells the same in not less than cargo or railroad carload lots, or the equivalent thereof, without physically handling such briquets, and any person acting as an agent of such distributor in the sale of briquets. (c) “Briquets” means briquets made principally from anthracite coal, which are manufactured at plants located in the Pennsylvania anthracite field. (d) “Ground storage facility” means a storage facility not operated as an ad¬ junct of a briquet plant, which is cus¬ tomarily used by a producer or distribu¬ tor for storage of briquets in transit from a briquet plant to a purchaser. Sec. 3. Prohibition against selling or delivering anthracite briquets at prices above the ceiling. On and after the 3d day of March 1951, regardless of any contract, agreement, lease, or other obligation: (a) No person who is a producer or distributor shall sell, dispose, deliver, or ship anthracite briquets from a briquet plant at prices higher, f. o. b. the plant, than the ceiling price set forth in Appen¬ dix A, attached hereto and by this refer¬ ence made a part hereof. (b) No person shall, in the course of trade or business, buy or receive anthra¬ cite briquets so delivered or shipped at a price higher than the ceiling price set forth in Appendix A, attached hereto and by this reference made a part hereof. (c) No person shall agree, offer, solicit, or attempt to do anything pro¬ hibited under this supplementary regu¬ lation. Sec. 4. Miscellaneous, (a) The pro¬ ducers subject to this supplementary regulation shall be subject to all other provisions of Ceiling Price Regulation No. 4 which are not inconsistent with the provisions hereof. (b) Each producer, sales agent or dis¬ tributor shall furnish to each retail coal dealer to whom he sells briquets a state¬ ment showing the exact dollar-and- cents amount the producer has added to the price of his briquets as authorized under this supplementary regulation. (c) Upon the effective date of this Supplementary Regulation No. 1 to Ceil¬ ing Price Regulation No. 4 the producers subject to this supplementary regulation shall no longer be subject to the provi¬ sions of the General Ceiling Price Regu¬ lation issued by the Director on January 26, 1951 (16 F. R. 809), except as to ac¬ tivities not covered by this supplemen¬ tary regulation. Such exemption, how¬ ever, shall not relieve the producers hereunder from any obligation or lia¬ bility incurred under the General Ceiling Price Regulation prior to the effective date of this supplementary regulation. Effective date. This Supplementary Regulation No. 1 to Ceiling Price Regu¬ lation No. 4 shall become effective on the 3d day of March 1951. Michael V. DiSalle, Director of Price Stabilization. March 2, 1951. Appendix A The following ceiling price subject to the exceptions set forth in this supplementary regulation are established for anthracite bri¬ quets, f. o. b. manufacturing plants. Ceiling price per net ton Anthracite briquets-$10.95 Note: Persons subject to the regulation shall continue to observe their customary and standard cash discount practices. GPO—SSO—6513 i * . V” FILE following 81 Trans 32:301 (12-1-52) 81 Irans 32:303 Adjustment of Ceiling Price' Anthracite Briquets (Amending Appendix A) OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 4 Supplementary Regulation 1 Amendment 1 NOVEMBER 28. 19S2 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Celling Price Regulation 4, Supplementary Regulation 1, Arndt. 1] CPR 4— Anthracite Delivered From Mine or Preparation Plant SR 1— Anthracite Briquets Produced at or Made at Plants in Pennsylvania Anthracite Field adjustment or ceiling prices Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161 and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 1 to SR 1 to CPR 4, Is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to Supplementary Regulation 1 adjusts the ceiling price of anthracite briquets by an amount which has been shown to be required under the Industry Earnings Standard. Anthracite briquets are manufactured by two single-line companies operating in the anthracite coal field. Both com¬ panies have submitted a petition for amendement to the Office of Price Sta¬ bilization requesting relief under the Industry Earnings Standard. This standard requires that an industry whose current earnings are less than 85 percent of its average earnings during the three best years 1946-1949, with adjustments made for any changes in the net worth, is entitled to have its ceiling prices ad¬ justed so as to permit it to earn at least 85 percent of its average during the base period. A survey of the anthracite briquet in¬ dustry was conducted by this office and, as of the end of 1951, the industry’s earn¬ ings indicated that it was entitled to re¬ lief. Since the end of 1951 there have been various increases in the costs of raw materials (anthracite, bituminous coal and asphalt). The available in¬ formation indicates that the industry is entitled to an increase of one dollar in its celling price. This adjustment will increase the celling price of anthracite briquets to $11.95 per ton, f. o. b. the plant. In the Judgment of the Director of the Office of Price Stabilization, this amend¬ ment is generally fair and equitable and will effectuate the purpose of Title IV of the Defense Production Act of 1950, as amended. As far as practicable the Director of Price Stabilization gave due considera¬ tion to the national effort to achieve maximum production in furtherance of the objectives of the Defense Production Act of 1950, as amended, and to relevant factors of general applicability. In the formulation of this amendment there has been consultation with indus¬ try representatives, including trade asso¬ ciation representatives, to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS Supplementary Regulation 1 to CPR 4 is amended in the following respect: 1. Appendix A to Supplementary Reg¬ ulation 1 to opr 4 , is amended as fol¬ lows: Appendix A The following celling price subject to the exceptions set forth In this supplementary regulation Is established for anthracite briquets, f. o. b. manufacturing plants. Ceiling price per net ton Anthracite briquets_$11.95 Note: Persons subject to the regulation shall continue to observe their customary and standard cash discount practices. (Sec. 704, 64 8tat 8l« as amended, 50 U. S. C. App. Sup. 3164) Effective date. This amendment 1 to SR 1, CPR 4 shall become effective No¬ vember 28, 1952. Tiohe E. Woods, Director of Price Stabilization. November 28, 1952. - ■ JV: • U- - V, - T *iv - ' FILE following 81 Trans 32:301 (4-9-51) Retail Ceilings on Petroleum Products OFFICE OF PRICE STABILIZATION WASHINGTON 81 Trans 33:1 Ceiling Price Regulation 13 MARCH 21, 1951 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 13] CPR 13— Retail Ceilings on Petroleum Products Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency Gen¬ eral Order No. 2 (16 P. R. 738), this Ceiling Price Regulation 13 is hereby issued. STATEMENT OF CONSIDERATIONS The rapidity with which the infla¬ tionary pressures incident to the out¬ break in Korea and the announced stepped up rearmament program were being reflected in price increases throughout the economy during the lat¬ ter part of 1950 required immediate ac¬ tion in the field of direct controls. Ac¬ cordingly, a General Ceiling Price Reg¬ ulation was issued on January 26, 1951. However, it was realized at the time that a single regulation covering a mul¬ titude of prices and the diverse prac¬ tices of many sellers and industries should be replaced as rapidly as pos¬ sible by specific regulations tailored to the needs of different industries. This regulation is one of several designed to cover all marketing segments and products of the petroleum industry. It provides for the establishment of ceil¬ ing prices for certain petroleum prod¬ ucts at service stations and other retail establishments. Petroleum products are distributed at the retail level mainly through service stations of which there are an estimated 400,000 throughout the United States. Generally speaking, these service sta¬ tions are relatively small establishments, and it is therefore essential that any regulation attempting to control the prices of products distributed through these channels be as clear and concise as possible and readily understandable. It is believed that the subject regula¬ tion accomplishes this purpose. The salient features of this regulation are concerned principally with the pric¬ ing methods. The individual seller de¬ termines his own ceiling price which is the highest price charged for a product during the base period of December 19, 1950, to January 25,1951, inclusive. This will result essentially in margins which ; have existed since before the beginning of the Korean war. In the event the seller had no base period sales, alterna¬ tive methods of determining ceiling prices are prpvided. The regulation also pro¬ vides for establishing ceiling prices for new products, as well as in cases where a new retail outlet has been established or where a change of ownership takes place. The administrative procedure for re¬ solving problems that may arise has been greatly simplified in that it contains pro¬ visions for automatic partial relief of hardship cases and permits the solution of other problems at the regional level with the exception of those arising out of local shortages and depressed price areas. Sellers whose ceiling price re¬ sults in a margin less than they enjoyed during the base period or four cents are permitted to adjust their ceiling prices to reflect either their base period margins or four cents per gallon. This provision has been included to give immediate par¬ tial relief to dealers in certain areas where depressed prices exist causing con¬ siderable hardship on dealers involved. According to figures furnished by the American Petroleum Institute of dealer margins in fifty representative cities, this four cent margin is the lowest margin existing during the selected base period at any of these points. Except for cities in which price wars exist the margins are no greater than those in the period immediately before the beginning of the Korean war. The adoption of this mar¬ gin provision is tentative pending a more complete survey of area margins by the Office of Price Stabilization. The regu¬ lation treats all marketers equally, and tends to preserve the customary market¬ ing practices insofar as they are conso¬ nant with the provisions of the Defense Production Act. The regulation attempts to keep to a minimum the work of record keeping. Prior to the formulation of this regu¬ lation the Director of Price Stabilization advised with a large number of persons representing a substantial part of the industry and the regulation has been re¬ viewed by the National Petroleum Ad¬ visory Committee established by the Di¬ rector of the Office of Price Stabilization. FINDINGS OF THE DIRECTOR OF PRICE STABILIZATION In the judgment of the Director of Price Stabilization the ceiling prices established by this regulation are gen¬ erally fair and equitable and are neces¬ sary to effectuate the purposes of Title IV of the Defense Production Act of 1950. So far as practicable the Director of Price Stabilization gave due considera¬ tion to the national effort to achieve maximum production in .furtherance of the objectives of the Defense Production Act of 1950; to prices prevailing during the period from May 24, 1950, to June 24, 1950, inclusive; and to relevant fac¬ tors of general applicability. REGULATORY PROVISIONS SCOPE OF REGULATION Sec. 1. What this regulation does. 2. Geographical coverage. 3. Compliance with this regulation re¬ quired. PRICING METHOD 4. Specific prices. 5. Base period sales. 6. No base period sales. 7. Group pricing. 8. Special pricing methods for automotive gasoline for tank wagon purchasers. 9. Special pricing methods for automotive gasoline not purchased at the tank wagon price-level. 10. Increases and reductions In celling prices. GENERAL PROVISIONS 11. Federal and State taxes. 12. Records, receipts, statement and posting of celling prices. 13. Transfer of business or stock In trade. 14. Definitions. 15. Petitions for amendment. 16. Adjustments because of Fair Trade Acts. 17. Applications for adjustment. CEILING PRICES ESTABLISHED BY APPLICATION 18. Sellers who cannot determine celling prices under other sections. Authority: Sections 1 to 18 issued under sec. 704, Pub. Law 774, 81st Cong. Interpret or apply Title IV, Pub. Law 774, 81st Cong., E. O. 10161, Sept. 9, 1950, 15 F. R. 6105. SCOPE OF REGULATION Section 1. What this regulation does. It establishes ceiling prices for all sales and deliveries at service stations and other retail establishments including transactions through stationary retail facilities which are in conjunction with bulk plants, terminals or refineries, of the following products: (a) Motor Fuel. (b) Motor Lubricating Oil, including automotive, aviation and marine. (c) Greases. (d) Gear Oils and Transmission Lu¬ bricants. (e) Kerosene, Range Oil, Stove Oil or Heater Oils; all other distillate burning, heating and fuel oils. (f) Stove and Lamp Gasoline and Pressure Appliance Fuel. (g) Petroleum Naphthas and Solvents. (h) Liquefied Petroleum Gas (L. P. G.). Sec. 2. Geographical coverage. This regulation is applicable to the forty- eight States of the United States, the District of Columbia, and the territories and possessions of the United States, except the Panama Canal Zone. Sec. 3. Compliance with this regula¬ tion required —(a) Prohibition against selling or delivery of petroleum products at prices above the ceiling. On and after the effective date of this regulation, re¬ gardless of any contract or other obli¬ gation, no person shall sell or deliver and no person shall buy or receive in the course of trade or business any petro¬ leum product covered by this regulation at prices higher than the ceiling prices fixed by this regulation, and no person shall agree, offer, solicit, or attempt to do anything prohibited in this section. Prices lower than the ceiling prices may be charged, demanded, paid or offered. (b) Evasion. The ceiling prices es¬ tablished by this regulation shall not be evaded either by direct or indirect methods in connection with the pur¬ chase, sale, delivery or transfer of pe¬ troleum products alone or in conjunction with any other materials, or by way of any commission, service, transportation, or any other charge, or discount, pre¬ mium or other privilege, or by tie in agreement or other trade understanding, or by a change in the quality of the product or otherwise, except when such change in quality takes place in com¬ pliance with a regulation issued by an agency of the United States Government. (c) Enforcement. Any person who violates any provision of this regulation is subject to the criminal penalties, civil enforcement actions, and suits for dam¬ age provided for by the Defense Pro¬ duction Act of 1950. PRICING METHODS Sec. 4. Specific prices. If the Office of Price Stabilization establishes specific ceiling prices for a particular grade of product for the area or community in which you are located, then those prices so spelled out in this regulation or other regulations or orders issued pursuant thereto are your ceiling prices for the particular grade (or grades) of product. Sec. 5. Base period sales. If no specific ceiling prices are established by the Office of Price Stabilization, then your ceiling price is the highest price you charged for each grade of product to a purchaser of the same class at each of the service stations or retail establish¬ ments you operated during the period from December 19, 1950, to January 25, 1951, inclusive. Sec. 6 . No base period sales. If you cannot determine your ceiling prices under section 4 or section 5 of this regu¬ lation, you are required to adopt the ceil¬ ing price for the grade of product in¬ volved of any seller of your class located within a radius of one mile. Sec. 7. Group pricing. If you oper¬ ated several service stations or retail es¬ tablishments and had an established practice of centrally determining uni¬ form prices by areas during the base period for some or all of your products, you may treat all retail establishments in each such customary separate price area as one seller for the purpose of (a) computing ceiling prices for the grades of products for which this practice ex¬ isted and (b) complying with the record keeping, reporting and filing provisions of this regulation. The ceiling prices shall be the uniform-centrally deter¬ mined prices for each separate price area. Records shall be centrally kept, listing the names and addresses of the retail establishments of each group. If you determine ceiling prices under this section, each retail outlet included in the group must continue to abide by the ceil¬ ing prices determined under this section. The permission granted by this section may be withdrawn by the Director of Price Stabilization from any sellers upon consideration of the price records main¬ tained by such sellers and such reports as he may require. Sec. 8 . Special pricing methods for automotive gasoline for tank wagon purchasers, (a) A seller of automotive gasoline at a retail establishment may, if he chooses, fix a ceiling price for each grade of automotive gasoline by either of the following methods: (1) By adding to the tank wagon ceiling price for regular grade gasoline of your supplier 4 cents per gallon plus or minus your customary retail differen¬ tial for premium or third grade gasoline; or (b) For purpose of computing mar¬ gins, the tank wagon ceiling price of the supplying company shall be considered the purchase price with respect to com¬ pany operated retail establishments de¬ termining ceilings under this section. Sec. 9. Special pricing methods for automotive gasoline not purchased at the tank wagon price level. If you are not a tank wagon purchaser of auto¬ motive gasoline at the retail establish¬ ment involved, and therefore, cannot use the margins permitted certain tank wagon purchasers under the preceding section, you may fix a ceiling price for each grade of automotive gasoline by either of the following methods: (2) By adding to the tank wagon ceiling price for regular grade gasoline of your supplier the margin you had in the base period. This method of pricing can be used only if 50 percent of your sales during the base period reflected that margin. Furthermore, you must continue to use this ceiling unless a change in ceiling price is subsequently ordered by the Office of Price Stabiliza¬ tion and you must file this price with the District office of the Office of Price Stabilization for the District in which each retail establishment is located. Your filing should be as follows: (a) By adding to your current laid down cost 4 cents per gallon for regular grade gasoline, plus or minus your cus¬ tomary retail differentials for premium or third grade gasoline; or (b) By adding to your current laid down cost the margin you had in the base period. This method of pricing can be used only if 50 percent of your sales during the base period reflected that margin. Furthermore, you must con¬ tinue to use this ceiling price unless a change in ceiling price is subsequently ordered by the Office of Price Stabiliza¬ tion, and you must file this price with the District office of the Office of Price Stabilization in which each retail estab¬ lishment is located. Your filing should be as follows: I have on_(date) determined my ceiling price under section 9 (b) of the Retail Ceiling Price Regulation of Petroleum Products to be the following: Ceiling Price Established: Regular Grade_ _(Brand)_^ per gal. Premium Grade_ _(Brand)_^ per gal. _Grade_ _(Brand)-^ per gal. Computation of ceiling prices: Premium Regular — {Brand) My laid down cost 1 on_(date)_ _$ -$ -$ My retail price on same date_ _$ -$ -$ My margins on_ (date)_ _$ My laid down cost_ _$ My margins as above_ _$ My ceiling price_ _$ .$ .$ 1 "Laid down cost” means the cost of the product in your storage tanks. It includes only the cost of the product (including taxes) and transportation expense. For example: If you purchase on a “delivered at destination” basis the delivered price of your supplier is your “laid down cost”. If you purchase on an f. o. b. shipping point basis your laid down cost is your f. o. b. shipping point price plus transportation expense incurred. The transporta¬ tion expense incurred is the amount you pay to the commercial carrier or if a commercial carrier is not utilized the amount you customarily considered as transportation expense, provided, however, such latter amount shall be no higher than the established commercial rate for the shipment Involved. I have on_(date) determined my ceiling price under section 8 (a) (2) of the Retail Ceiling Price Regulation of Petroleum Products to be the following: Ceiling Price Established: Regular Grade_ _(Brand)- '.'5 i . * ■„Y .1 t . •t; „ y > ‘ . * * • * • ^ - 3 ■ ■ v i • > ■ : ' ■ ■ ■ • . • V ' ' " . » • - . ■ .. •: ‘ w !. * l . : - ’ ) . .• iS • ' ' . • : - • * - ■ " i:. ; r .• >• » » tf! tt * . '• • •; ’V • ' . • -.‘I . . . . 1 ! s -■ > ■ • . ■ ' . •. ■ , '• .1 !> ■ ‘ .. .:*••• • • H ’ ■ ii. - » . -J tll.lw iiliy »■% ..4ft#* . • • - • 'J .- • '<) 1 i.J > • . * ' •• • ’ ’ •• f ' " • io ■(' ' . ,f.l •• : » - . . V •• : * mi .. t • .. . . ■ ( r>\> . - < I * ' - FILE following 81 Trans 34:17 (12-6-51) 81 Trans 34:C1 Gasolines, Naphthas, Fuel Oils and Liquefied Petroleum Gases, Natural Gas, Petroleum Gas, Casinghead Gas and Refinery Gas OFFICE OF PRICE STABILIZATION Ceiling Price Regulation 17 Colldtion 1 (Including Amendments 1-4) DEC. 6, 1951 WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 17, Collation 1) CPR 17— Gasolines, Naphthas, Fuel Oils and Liquefied Petroleum Gases, Natural Gas, Petroleum Gas, Casing¬ head Gas and Refinery Gas Ceiling Price Regulation 17 is repub¬ lished to incorporate the texts of Amend¬ ments 1 through 4, inclusive. Ceiling Price Regulation 17 was issued April 5, 1951 (16 P. R. 3033). Statements of Consideration for Ceiling Price Regula¬ tion 17, and for Amendments 1-4, in¬ clusive, as previously published, are; applicable to this republication. The effective dates of this regulation, and of the amendments are shown in a note preceding the first section of the regu¬ lation. REGULATORY PROVISIONS Introduction ARTICLE I-GENERAL PROVISIONS Sec. 1 Products covered. 3 Transactions and persons covered. S 'Geographical coverage. 4 Products and transactions excepted from the General Celling Price Regulation and Celling Price Regulation 22. 5 Exports. 6 Imports. 7 Secret contracts. 8 Transfers of business or stock in trade. 0 Adjustable pricing. 10 Petitions for amendment. 11 Applications for adjustment. 12 Price revisions incident to orders estab¬ lishing specific prices. 18 Shifts which must be reported. 14 Records. 15 Compliance with this regulation re¬ quired. 16 Definitions. ARTICLE II—CEILING PRICES 17 Aviation Gasoline. 18 Automotive and Marine Gasoline. 10 Petroleum Naphthas and Solvents. 20 Kerosenes, Tractor Fuels, Distillates and Heating Oils. 21 Residual Fuels. 22 Liquefied Petroleum Gases. 23 Natural Gasoline. 23a Natural Gas, Petroleum Gas. Casinghead Gas and Refinery Gas. 24 All other petroleum products Included under this regulation. ARTICLE m —INCREASES PERMITTED OS RE DUCT I ONS REQUIRES 28 Transportation. 27 Increases permitted for designated areas. ARTICLE IV—PINAL PRICING METHOD 28 Seller unable to determine celling price. Authority : Sections 1 to 28 issued under 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C, App. Sup. 2101-2110. E. O. 10161, Sept. 9, 1950, 15 F. R. 6106; 3 CFR, 1950 Supp. Derivation: Sections 1 to 28 contained in Celling Price Regulation 17, AprU 5, 1951 (16 F. R. 3033), except as otherwise noted In brackets following text affected. Effective Dates: CPR 17, April 10, 1951, 16 F. R. 3033. Amendment 1, AprU 16, 1951, 16 F. R. 3215. Amendment 2, June 4, 1951, 16 F. R. 5319. Amendment 3, July 24, 1951, 16 F. R. 7148. Amendment 4, October 27, 1961, 16 F. R. 10774. ARTICLE I Section 1. Products covered. This regulation covers the following products: Any fraction of crude petroleum which is a source of or is used to produce any of the products listed below. Any fraction of petroleum which is sold for the same end use as any of the prod¬ ucts listed below. Liquefied petroleum gases Natural gasoline Aviation gasoline Automotive and marine gasoline All petroleum naphthas and solvents Benzine, toluenes and xylenes Stove and lamp gasoline and pressure ap¬ pliance fuel Condensate or distillates extracted in nat¬ ural gasoline or cycling plants or not moved as crude petroleum Jet propulsion fuel Tractor fuel Kerosene Range oil, stove oil or heater oil All other distUiate burning, heating or fuel oils Diesel fuels Gas oils Gas enrichment oil Residual fuel oils and blends thereof with distillate fuel oils Natural gas. petroleum gas, casinghead gas, and refinery gas (Above Item added by Amdt. 1] Special hydrocarbon fractions used In manufacturing synthetic rubber, avia¬ tion gasoline, benzene, toluene, or xylene or their components [Above Item added by Amdt. 4) Crude petroleum when sold: (1) to a processor for use as gas enrichment oil, (2) to a tank wagon reseller by sellers other than crude oil producers for resale to a consumer for a purpose other than the production of more than one petro¬ leum fraction therefrom, or (3) to a con¬ sumer for a purpose other than the production of more than one petroleum fraction therefrom: provided, however, this regulation shall not be applicable to sales of crude petroleum, to a refiner or to a person using such crude petroleum in oil and gas field operations. Sec. 2. Transactions and versons cov¬ ered. This regulation covers all types of sales and deliveries of the products listed in Sec. 1 either by refiners, producers, processors, natural gasoline or cycling plant operators, blenders, resellers, or any other person, with the following excep¬ tions: (a) Retail sales at retail establish¬ ments, including transactions through stationary retail facilities which are in conjunction with bulk plants, terminals or. refineries. (b) Exchanges of petroleum products between refiners or other petroleum sell¬ ers, provided prices at which such sales are made do not affect the level of ex¬ isting ceiling prices. (c) Sales between corporations when one is a wholly owned subsidiary of the other, or when both are wholly owned subsidiaries of a third corporation, and sales between such other affiliated or controlled corporations as are especially excepted by order in writing of the Di¬ rector of Price Stabilization or his duly authorized representative, provided prices at which such sales are made do not affect the level of existing ceiling prices. (d) Sales of aviation gasoline of 100 octane ASTM or higher when made to a defense agency or to any person for use in connection with a defense contract or subcontract. (e) All sales of benzene, toluene and xylenes. (Paragraph (e) amended by Amdt. 4] (f) Interreflnery sales of petroleum fractions when such sales are made at the direction of the Petroleum Adjnin- istration for Defense. (g) Sales of special hydrocarbon fractions or liquefied petroleum gas when sold for use in manufacturing the following products or components of such products: (1) Synthetic rubber. (2) Aviation gasoline of 100 octane ASTM or higher, toluene, benzene or their components, when sold to a de¬ fense agency or to any person for use in connection with a defense contract or subcontract. [Subparagraph (2) amended by Amdt. 4] Sec. 3. Geographical coverage. The provisions of this regulation are applica¬ ble to the United States, its territories and possessions and the District of Co¬ lumbia, except the Canal Zone. Sec. 4. Products and transactions ex¬ cepted from the General CeOtno Price 81 Trans 34:C2 Regulation and Ceiling Price Regulation 22. Any products or transactions ex¬ cepted from the coverage of this regula¬ tion by section 2 are also excepted from the provisions of the General Ceiling Price Regulation and Ceiling Price Regu¬ lation 22. | Section 4 amended by Amdt. 4] Sec. 5. Exports. The ceiling price at which a person may export any product covered by this regulation shall be de¬ termined by this regulation plus the ad¬ ditions permitted for export sales of the commodities covered by this regulation by any applicable export regulation which may hereafter be issued. Sec. 6. Imports. Ceiling prices in this regulation shall apply even though the product involved originated outside of the area covered by the regulation and was imported into such area. Sec. 7. Secret contracts. The provi¬ sions of this price regulation shal 1 not apply to sales of any product pursuant to a contract which is officially classi¬ fied as “secret” or above. Sec. 8. Transfers of business or stock in trade. If the business, assets or stock in trade of any business are sold or otherwise transferred after January 26, 1951, and the transferee carries on the business, or continues to deal in the same type of products, in an establish¬ ment separate from any other estab¬ lishment previously owned or operated by him, the ceiling prices of the trans¬ feree shall be the same as those to which his transferor would have been subject if no such transfer had taken place, and his obligation to keep records sufficient to verify such prices shall be the same. The transferor shall either preserve and make available, or turn over, to the transferee all records of transactions prior to the transfer which are neces¬ sary to enable the transferee to comply with the record provisions of this regu¬ lation. If the prices for the establish¬ ment are not in line with prices which would be arrived at under the in-line ceiling price method of Article II, the transferee may nevertheless arrive at his ceiling prices by use of this “in-line method.” Sec. 9. Adjustable pricing. Any per¬ son may agree to sell at a price which can be increased up to the ceiling price in effect at the time of delivery; but no person may, unless authorized by the Of¬ fice of Price Stabilization, deliver at prices to be adjusted upward in accord¬ ance with action taken by the Director after delivery. Such authorization may be given when a request for a change in .the applicable ceiling price is pending, but only if the authorization is necessary to promote distribution or production and if it will not interfere with the pur¬ poses of the Defense Production Act of 1950, as amended. The authorization may be given by the Director or by any official of the Office of Price Stabilization to whom the authority to grant such au¬ thorization has been delegated. The authorization will be given by order, ex¬ cept that it may be given by letter or telegram when the contemplated revi¬ sion will be the granting of an individ¬ ual application for adjustment. (Section 9 amended by Amdt. 4( Sec. 10. Petitions for amendment. Any person seeking an amendment of any provision of this regulation may file a petition for amendment in accordance with the provisions of Price Procedural Regulation No. 1. Sec. 11. Applications for adjustment. (a) The Director of Price Stabilization may adjust by order any ceiling price established under this regulation for a seller or group of sellers or for a general area when it appears: (1) Local shortages. (1) That there exists or threatens to exist in a particular locality a shortage in the supply of a petroleum product which aids directly in the present de¬ fense program or is essential to a stand¬ ard of living consistent with the main¬ tenance of the defense program; (ii) That such local shortage will be substantially reduced or eliminated by adjusting the ceiling prices of such sell¬ er and of like sellers for such product; and (iii) That such adjustment will not create or tend to create a shortage, or a need for increase in prices, in another locality, and will effectuate the purposes of the Defense Production Act of 1950. (iv) Applications for adjustment for local shortages shall be filed with the Petroleum Branch, Office of Price Sta¬ bilization, Washington 25, D. C. (2) Depressed price areas and price inequities. (i) That due to temporary conditions a seller has a ceiling price which is not in line with his customary pricing prac¬ tice or with his customary price rela¬ tionship with other sellers in the same marketing area, or (ii) That prices charged for petroleum products in a particular area have cus¬ tomarily followed the pattern of prices in nearby or surrounding areas, but due to temporary conditions ceiling prices have been established by this regulation which are not in line with the level of prices which would have prevailed had the area been free to adjust itself to normal conditions. (b) The seller in applying under (a) (2) (i) or (a) (2) (ii) above shall show to the satisfaction of the Director: (1) -The basis upon which it is con¬ cluded that the ceiling prices are below normal, with a statement of how long the inequity has been in existence. (2) The ceiling prices proposed. (3) Information supporting why the proposed ceiling prices would be normal. (4) A statement that the proposed ceiling prices will be in line with the leJtel of ceiling prices otherwise established by the regulation. (5) Applications for adjustment for depressed price areas and price inequi¬ ties shall be filed with the Petroleum Branch, Office of Price Stabilization, Washington 25, D. C. (c) Government contracts. Any per¬ son who has entered into or proposes to enter into a contract with an agency of the United States Government who be¬ lieves that a ceiling price contained in this regulation impedes or threatens to impede production, manufacture or dis¬ tribution of a commodity essential to the defense program may file an appli¬ cation for adjustment with the Pe¬ troleum Branch, Office of Price Stabili¬ zation, Washington 25. D. C. Sec. 12. Price revisions incident to or¬ ders establishing specific prices. The Director of Price Stabilization may by supplementary regulation or by special order establish specific ceiling prices or otherwise modify the provisions of this regulation with respect to certain prod¬ ucts, transactions or geographical area. |Section 12 amended by Amdt. 4] Sec. 13. Shifts which must be reported. Where a seller has established a ceiling price on a delivered-at-destination basis at a given point for a particular petro¬ leum product to a purchaser and there¬ after sells such purchaser on an f. o. b. shipping point price basis, he shall report such shift to the Director of Price Sta¬ bilization within thirty days after the date such sale is made if the effect of selling on an f. o. b. shipping point price basis is to increase the laid-down cost to the purchaser above the seller’s de¬ livered-at-destination ceiling price to such purchaser. However, a seller may not shift to an f. o. b. shipping point price basis unless he has an f. o. b. ship¬ ping point ceiling price properly deter¬ mined under the appropriate provisions of this regulation. The Director of Price Stabilization may by special order modi¬ fy the terms and provisions applicable to such sales when in his judgment, the re¬ ported shift constitutes an evasion of the purposes of this regulation. (Section 13 amended by Amdt. 4J Sec. 14. Records, (a) The following records must be preserved and kept available for examination by the Direc¬ tor of Price Stabilization: (1) Records in the seller’s possession showing the prices charged by him for the petroleum products which he sold or offered for sale in the base period. In addition, the seller must prepare within 90 days after the effective date of this regulation and preserve a .statement of any of his customary allowances, dis¬ counts, and other price differentials. (2) Records indicating clearly the basis upon which the seller determined the celling price for any petroleum prod¬ uct not sold or offered for sale by him during the base period. (3) Records, for a period of .vo years, of the kind the seller customarily keeps, showing the prices which the seller charges on sales of products covered by this regulation (b) Compliance with these record keeping provisions shall be deemed com¬ pliance with the record keeping require¬ ments of the General Ceiling Price Regu¬ lation during tho period when petroleum products were covered by that regula¬ tion. Sec. 15. Compliance with this regula¬ tion required, (a) Prohibitions against selling or delivery of petroleum products at prices above the ceiling. On and after the effective date of this regulation re¬ gardless of any contract or other obllga- 81 Trans 34:C3 tion, no person shall sell or deliver and no person shall buy or receive in the i course of trade or business any petroleum product covered by t’.is ’"'gulation at prices higher than the ceiling prices fixed by this regulation, and no person shall agree, offer, solicit, or attempt to do anything prohit'ted by this section. Prices lower than the ceiling prices may be charged, demanded, paid, or offered. (b) Evasion. The ceiling prices es¬ tablished by this regulation shall not be evaded either by direct or indirect meth¬ ods in connection with the purchase, sale, delivery or transfer of petroleum products alone or in conjunction with any other materials, or by way of any commission, service, transportation, or any other charge, or discount, premium or other privilege, or by tie-in agree¬ ment or other trade understanding, or bj a change in the quality of the prod¬ uct, or otherwise, except when such change in quality results from order of an agency of the United States Govern¬ ment. (c) Enforcement. Any person who violates any provision of this regulation is subject to the criminal penalties, civil enforcement actions, and suits for dam¬ age provided for by the Defense Produc¬ tion Act of 1950. Sec. 16. Definitions, (a) “ Person ” in¬ cludes an individual, corporation, part¬ nership, association, or any other or¬ ganized group of persons or legal suc¬ cessors and representatives of any of the foregoing, and includes the United States or any agency thereof, or any other gov- ^ ernment, or any of its political subdivi- sions, or any agency of any of the fore¬ going. (b) “Product of the same grade.” For a product of a particular seller to be regarded as of the same grade as the product of another seller it must cus¬ tomarily have been so regarded in trade practice in the general area where such products are sold. (c) " Contract ” means an agreement, the existence of which is established by written evidence. (d) " Base Period" means the period from December 19, 1950 to January 25. 1951, inclusive. (e) “Tank ‘Wagon Price” means a par¬ ticular price level as customarily estab¬ lished by a seller, regardless of the type or size, of equipment that may be used for making deliveries, as distinguished from the retail service station price, or the ‘tank car” price, or other large lot quantity price levels. • The tank wagon price is a delivered-at-destination price. However, if at a particular bulk plant or terminal the operator had a tank wagon price to consumers who picked up their supply at such bulk plant or terminal then the operator thereof may continue to charge or offer the tank wagon price to consumers at the particular bulk plant or terminal. (f) “Retail establishment” means a store, shop, garage, service station (land or marine) or other stationary place of business at which the major portion of the sales of petroleum products is sold ^ in customary small quantities to con- ; sumers. Any facility making deliveries of fuel into fuel tanks of aircraft at an airport (or other landing area) shall be considered a retail establishment for the pvrpose of this regulation. (g) “Defense Agency.” This term as used in this regulation means the De¬ partment of Defense (including the De¬ partment of the Army, the Department of the Navy, and the Department of the Air Force), the Maritime Administra¬ tion of the Department of Commerce, the United States Coast Guard, and the Atomic Energy Commission. (h> “Defense contract" means any purchase order or written agreement with a Defense Agency. (i) “Subcontract” means any purchase order, or agreement to perform all or any part of the work required under a defense contract or to make or furnish any commodity needed for the perform¬ ance of a defense contract. (j) “Delivery point” for sales made at the tank wagon price level whenever referred to in this regulation means the customary tank wagon price area of the seller. If a seller customarily maintains different price areas within the area cus¬ tomarily supplied from a bulk or distrib¬ uting plant, such price areas being re¬ flected by the seller on a stated price or differential basis, then each such price area shall be interpreted as a delivery point and the ceiling price of each seller in each such price area shall reflect his customary differentials or differences in prices. (k) “Offering price.” The price at which a product was offered means the price shown in the seller’s price list, or if a particular price was not included therein, or if he had no price list, the price at which he offered products in any other written manner. Such prices shall be subject to seller’s customary allow¬ ances, discounts, and price differentials. (l) “Sale.” This term for purposes of using the “ceiling price based on sales” method of Article II shall include: (1) Sales in the base period pursuant to oral or written contracts, including spot sales, made during such period. (2) Written contracts made during the base period whether or not any de¬ liveries were made thereunder, and written contracts made during the period June 1, 1950, to December 19, 1950, in¬ clusive. under which no deliveries were made in the base period but which pro¬ vided for performance to begin during o after the base period. (3) Deliveries made during the base period under a contract made between June 1, 1950, and December 19, 1950, if such contracts were adjustable to reflect market conditions during the base pe¬ riod, or in the case of tank wagon re¬ sellers if such contracts provided for varying the price to the reseller in ac¬ cordance with a stipulated posted mar¬ ket price (or prices) at the point or points where such buyer resells. Provided, however, that in all cases de¬ liveries made in the base period under contracts entered into prior to June 1, 1950, shall not be considered as a “sale,” unless the buyer and seller agree to con¬ tinue such contracts, in which case the ceiling price may be established on the basis of such contracts. (m) “Purchaser of same class” refers to the practice adopted by the seller in setting different prices for a product for sales to purchasers performing different functions (for example, refiner; job¬ ber; distributor, commercial, industrial or private consumer; service station tank car dealer; divided or undivided tank wagon dealer; etc.), or for purchasers performing the same functions but lo¬ cated in different areas, or buying in different quantities or grades or under different conditions of sale. Price is prima facie evidence but not conclusive evidence to be considered in determining if a purchaser belongs to a particular class; however, a lower price to a par¬ ticular purchaser which was to meet competition and was otherwise incon¬ sistent with the seller’s practice in set¬ ting the same price to purchasers in the same functional class shall neither result in placing the particular pur¬ chaser in a lower price class nor be con¬ sidered in determining a seller’s ceiling price. (n) “ Posted purchase price” means a price schedule posted by a purchaser who, during the period December 19, 1950, to January 25, 1951, inclusive, ac¬ tually purchased any of the products covered in Sec. 23 produced from any field, or delivered or tendered by a nat¬ ural gasoline or cycling plant operator, refiner, blender, reseller or any other person and to which purchase the posted price was applicable. (o) “ Natural gas,” “petroleum gas ” “casinghead gas" and “refinery gas ” as used in this regulation means any nat¬ ural or petroleum gas which is sold to be processed for the extraction of vapors and liquids, or for consumption either directly as fuel or to be consumed in the production of any other commodity or for use in gas lift, pressure maintenance or repressuring operations, and includes such gas when delivered directly from wells, and the residue gas resulting from extraction operations. [Paragraph (o) added by Amdt. 1] Article II— Ceiling Prices Note: In determining ceiling price the ceiling price shall reflect customary dis¬ counts. allowances and differentials nased upon terms and conditions of sale or de¬ livery. Sec. 17. Aviation gasoline, (a) Spe¬ cific prices. (Reserved.) (b) Formula prices: (1) Ceiling price based on sales. The ceiling price for each seller at each ship¬ ping or delivery point shall be the high¬ est price charged at that point by him during the period December 19, 1950, to January 25, 1951, inclusive, for a sale of a particular grade of aviation gasoline to a purchaser of the same class. (2) Ceiling price based on offering price. If a seller is unable to determine a ceiling price under (1), the ceiling price for such seller at each shipping or delivery point shall be the highest of¬ fering price at the shipping or delivery point during the period December 19, 1950, to January 25, 1951, for a sale of a particular grade of aviation gasoline to a purchaser of the same class. 81 Trans 34:C4 (3) Ceiling price based on competitive or in-line ceiling price. (i) Ceiling price of another seller. When a seller at a given shipping or de¬ livery point is unable to determine a ceiling price for aviation gasoline un¬ der (1) or (2) above, his ceiling price at the particular shipping or delivery point shall be the highest ceiling price of any seller of the same class to a pur¬ chaser of the same class for the ship¬ ping or delivery point. This method of determining a ceiling price cannot be used unless the seller’s records show that for the purpose of such sale he has adopt¬ ed as his ceiling the ceiling price of such other seller. (ii) In-line ceiling price. If under this method (i) of pricing a seller arrives at a ceiling price for aviation gasoline which is not in line with the price he would have arrived at by use of his customary pricing practices in the same general area during the base period December 19, 1950, to January 25, 1951, he may nevertheless sell at a price in line with his price for the prod¬ uct at other comparable points which reflects his customary pricing practices. The seller shall within 15 days after making a sale file this in-line price with the Petroleum Branch, Office of Price Stabilization, Washington 25, D. C., stat¬ ing his proposed ceiling price and in what way the ceiling price determined according to the price of a competitive seller of the same class is inconsistent with the customary pricing practices of the seller. Such price shall be the sell¬ er’s ceiling price for the particular prod¬ uct unless it is disapproved in writing or a substitute price is established by the Office of Price Stabilization. A ceil¬ ing price established under this section may be changed at any time by order of the Office of Price Stabilization. (4) Final pricing method. See Sec¬ tion 28 of this regulation. Sec. 18. Automotive and marine gaso¬ line. (a) Specific prices. (Reserved.) (b) Formula prices: (1) Ceiling price based on sales. The ceiling price for each seller at each ship¬ ping or delivery point shall be the high¬ est price charged at that point by him during the period December 19, 1950, to January 25, 1951, inclusive, for a sale of a particular grade of automotive or marine gasoline to a purchaser of the same class. (2) Ceiling price based on offering price. If a seller is unable to determine a ceiling price under (1), the ceiling price for such seller at each shipping or de¬ livery point shall be the highest offering price at the shipping or delivery point during the period December 19, 1950, to January 25, 1951, for a sale of a par¬ ticular grade of automotive or marine gasoline to a purchaser of the same class. (3) Ceiling price based on competitive or in-line ceiling price. (1) Ceiling price of another seller. When a seller at a given shipping or delivery point is unable to determine a ceiling price for automotive or marine gasoline under (1) or (2) above, his ceil¬ ing price at the particular shipping or delivery point shall be the highest ceil¬ ing price of any seller of the same class to a purchaser of the same class for the same shipping or delivery point. This method of determining a ceiling price cannot be used unless the seller’s records show that for the purpose of such sale he has adopted as his ceiling the ceiling price of such other seller. (ii) In-line ceiling price. If under this method (i) of pricing a seller ar¬ rives at a ceiling price for automotive or marine gasoline which is not in line with the price he would have arrived at by use of his customary pricing practices in the same general area during the base period December 19, 1950, to January 25, 1951, inclusive, he may nevertheless sell at a price in line with his price for the prod¬ uct at other comparable points which reflects his customary pricing practices. The seller shall within 15 days after making a sale file this in-line price with the Petroleum Branch, Office of Price Stabilization, Washington 25, D. C., stat¬ ing his proposed ceiling price and in what way the ceiling price determined according to the price of a competitive seller of the same class is inconsistent with the customary pricing practices of the seller. Such price shall be the sell¬ er’s ceiling price for the particular prod¬ uct unless it is disapproved in writing or a substitute price is established by the Office of Price Stabilization. A ceiling price established under this section may be changed at any time by order of the Office of Price Stabilization. (4) Final pricing method. See Sec¬ tion 28 of this regulation. Sec. 19. Petroleum naphthas and sol¬ vents. (a) Specific prices. (Reserved.) (b) Formula prices ; (1) Ceiling price based on sales. The ceiling price for each seller at each ship¬ ping or delivery point shall be the high¬ est price charged at that point by him during the period December 19, 1950, to January 25, 1951, inclusive, for a sale of a particular grade of petroleum naph¬ thas or solvents to a purchaser of the same class. (24 Ceiling price based on offering price. If a seller is unable to determine a ceiling price under (1) the ceiling price for such seller at each shipping or de¬ livery point shall be the highest offer¬ ing price at the shipping or delivery point during the period December 19, 1950, to January 25, 1951, for a sale of a particular grade of petroleum naphthas or solvents to a purchaser of the same class. (3) Ceiling price based on competi¬ tive or in-line ceiling price. (i) Ceiling price of another seller. When a seller at a given shipping or de¬ livery point is unable to determine a ceiling price for petroleum naphthas or solvents under (1), or (2) above, his ceiling price at the particular shipping or delivery point shall be the highest ceiling price of any seller of the same class to a purchaser of the same class for the same shipping or delivery point. This method of determining a ceiling price cannot be used unless the seller’s records show that for the purpose of such sale he has adopted as his ceiling the ceiling price of such other seller. (ii) In-line ceiling price. If under this method (i) of pricing a seller arrives at a ceiling price for petroleum naphthas or solvents which is not in line with the price he would have arrived at by use of ^ his customery pricing practices in the same general area during the base period December 19, 1950, to January 25, 1951, he may nevertheless sell at a price in line with his price for the product at other comparable points which reflects his customary pricing practices. The seller shall within 15 days after mak¬ ing a sale file this in-line price with the Petroleum Branch, Office of Price Sta¬ bilization, Washington 25, D. C., stating his proposed ceiling price and in what wayjhe ceiling price determined accord¬ ing to the price of a competitive seller of the same class is inconsistent with the customary pricing practices of the seller. Such price shall be the seller’s ceiling price for the particular product unless it is disapproved in writing or a substi¬ tute price is established by the Office of Price Stabilization. A ceiling price es¬ tablished under this section may be changed at any time by order of the Office of Price Stabilization. (4) Final pricing method. See Sec¬ tion 28 of this regulation. Sec. 20. Kerosenes, Tractor Fuels, Dis¬ tillates and Heating Oils, (a) Specific prices. (Reservtl.) (b) Formula prices: (1) Ceiling price based on sales. /The ceiling price for each seller at each shipping or delivery point shall be the highest price charged at that point by him during the period December 19,1950, to January 25, 1951, inclusive, for a sale of a particular grade of kerosene, trac- ^ tor fuel, distillate or heating oil to a * purchaser of the same class. (2) Ceiling price based on offering price. If a seller is unable to determine a ceiling price under (1), the ceiling price for such seller at each shipping or deliv¬ ery point shall be the highest offering price at the shipping or delivery point during the period December 19, 1950, to January 25, 1951, for a sale of a particu¬ lar grade of kerosene, tractor fuel, dis¬ tillate or heating oil to a purchaser of the same class. (3) Ceiling price based on competitive or in-line ceiling price. (i) Ceiling price of another seller. When a seller at a given shipping or de¬ livery point is unable to determine a ceil¬ ing price for kerosene, tractor fuel, dis¬ tillate or heating oil under (1) or (2) above, his ceiling price at the particular shipping or delivery point shall be the highest ceiling price of any seller of the same class to a purchaser of the same class for the same shipping or delivery point. This method of determining a ceiling price cannot be used unless the seller’s records show that for the purpose of such sale he has adopted as his ceil¬ ing the ceiling price of such other seller. (ii) In-line ceiling price. If under this method (i) of pricing a seller arrives at a ceiling price for kerosene, tractor fuel, distillate or heating oil which is not in line with the price he would have arrived at by use of his customary pricing prac¬ tices in the same general area during the base period December 19, 1950, to January 25, 1951, he may nevertheless sell at a price in line with his price for 81 Trans 34:C5 the product at other comparable points which reflects his customary pricing practices. The seller shall within 15 days after making a sale file this in-line price with the Petroleum Branch, Of¬ fice of Price Stabilization, Washington 25, D. C.. stating his proposed ceiling price and in what way the ceiling price determined according to the price of a competitive seller of the same class is inconsistent with the customary pricing practices of the seller. Such price shall be the seller’s ceiling price foi the par¬ ticular product unless it is disapproved in writing or a substitute price is estab¬ lished by the Office of Price Stabilization. A ceiling price established under this section may be changed at any time by order of the Office of Price Stabilization. (4) Final pricing method. See Sec¬ tion 28 of this regulation. Sec. 21. Residual fuel oils and blends thereof with distillate fuel oils. — (a) Specific prices .— (1) No. 6 Commercial Standard Specifications Fuel Oil. The ceiling prices for sales of No. 6 Commer¬ cial Standard Specifications Fuel Oil in bulk lots delivered into ships’ bunkers (ex lighterage) and delivered into barge and tank car or transport trucks, f. o. b. refineries and tanker terminals shall be as follows at the enumerated points be¬ low: Atlantic coast ports Dollars pet bar Ships’ bunkers (ex light¬ erage) or barge 42-gallon rel Tank car or trans¬ port truck Searsport, Maine-- 2.51 2. 54 Portland, Maine. 2.51 2.54 Portsmouth. New Hampshire— 2.51 2.54 Everett, Massachusetts.... 2.51 2.51 Boston Harbor Area .. 2.51 2.51 Fall River, Massachusetts .. — 2.47 2.47 Tiverton, Rhode Island. 2.47 2. 47 Providence Harbor Area. 2.47 2.47 New London, Connecticut. 2.47 2. 47 New Haven, Connecticut _ 2.47 2. 47 Bridge|>ort, Connecticut . 2. 47 2. 47 New York Harbor Area. 2.45 2.45 Philadelphia Harbor Area.. . 2 45 2. 48 Baltimore, Maryland . 2. 45 2. 48 Norfolk, Virginia... 2. 40 2. 43 Morehead City, North Carolina 2. :14 2. 37 Charleston, South Carolina - 2. .11 2.34 Savannah, Georgia-- 2.31 2.34 Jacksonville, Florida . 2.28 2.31 Miami, Florida. 2. 22 2.25 Tampa, Florida. . 2. Hi 2. 19 Port St. Joe, Florida . 2. 10 2. 19 Panama City, Florida. 2. 10 2. 19 (2) Other residual fuel oil products. Any seller who during the base period maintained a customary differential be¬ tween No. 6 Commercial Standard Speci¬ fications Fuel Oil and other residual fuel oil products, such as low sulphur (max¬ imum 1 per cent) No. 6 fuel oil, residual gas enrichment oils, residual No. 4 and 5 fuel oils and special No. 4 residual fuel oils may add such base period dif¬ ferentials to the ceiling prices deter¬ mined under subparagraph (1) of this paragraph. (3) Preservation of discounts, differ¬ entials, and allowances. The ceiling prices determined under subparagraphs (1) and (2) of this paragraph shall re¬ flect customary discounts, differentials and allowances in effect in the base pe¬ riod to all classes of purchasers. [Paragraph (a) added by Arndt. 2; amended by Amdt. 3] (b) Formula prices: (1) Ceiling price based on sales. The ceiling price for each seller at each ship¬ ping or delivery point shall be. the high¬ est price charged at that point by him during the period December 19, 1950, to January 25, 1951, inclusive, for a sale of a particular grade of residual fuel oil to a purchaser of the same class. (2) Ceiling price based on offering price. If a seller is unable to determine a ceiling price under (1), the ceiling price for such seller at each shipping or deliv¬ ery point shall be the highest offering price at the shipping or delivery point during tKe period December 19, 1950, to January 25,1951, for a sale of a particular grade of residual fuel oil to a purchaser of the same class. (3) Ceiling price based on competitive or in-line ceiling price (i) Ceiling price of another seller. When a seller at a given shipping or de¬ livery point is unable to determine a ceiling price for residual fuel oil under (1) or (2) above, his ceiling price at the particular shipping or delivery point shall be the highest ceiling price of any seller of the same class to a purchaser of the same class for the same shipping or delivery point. This method of deter¬ mining a ceiling price cannot be used unless the seller’s records show that for the purpose of such sale he has adopted as his ceiling the ceiling price of such other seller. (ii) In-line ceiling price. If under this method (i) of pricing a seller ar¬ rives at a ceiling price for residual fuel oil which is not in line with the price he would have arrived at by use of his cus¬ tomary pricing practices in the same general area during the base period De¬ cember 19, 1950, to January 25, 1951, he may nevertheless sell at a price in line with his price for the product at other comparable points which reflects his customary pricing practices. The seller shall within 15 days after making a sale file this in-line price with the Petroleum Branch, Office of Price Stabilization, Washington 25, D. C., stating his pro¬ posed ceiling price and in what way the ceiling price determined according to the price of a competitive seller of the same class is inconsistent with the customary pricing practices of- the seller. Such price shall be the seller’s ceiling price for the particular product unless it is disapproved in writing or a substitute price is established by the Office of Price Stabilization. A ceiling price estab¬ lished under this section may be changed at any time by order of the Office of Price Stabilization. (4) Final pricing method. (See Sec¬ tion 28 of this regulation.) Sec. 22. Liquefied petroleum gases. (a) Specific prices. (Reserved.) (b) Formula prices. (1) Ceiling price based on sales. The ceiling price for each seller at each ship¬ ping or delivery point shall be the highest price charged at that point by him during the period December 19.1950, to January 25, 1951, inclusive, for a sale of a particular grade of liquefied petro¬ leum gas to a purchaser of the same class. (2) Ceiling price based on offering price. If a seller is unable to determine a ceiling price under (1), the ceiling price for such seller at each shipping or delivery point shall be the highest offer¬ ing price at the shipping or delivery point during the period December 19, 1950, to January 25, 1951, for a sale of a particular grade of liquefied petroleum gas to a purchaser of the same class. (3) Ceiling price based on competitive or in-line ceiling price. (i) Ceiling price of another seller. When a seller at a given shipping or de¬ livery point is unable to determine a ceiling price for liquefied petroleum gas under (1) and (2) above, his ceiling price at the particular shipping or de¬ livery point shall be the highest ceiling price of any seller of the same class to a purchaser of the same class for the same shipping or delivery point. This method of determining a ceiling price cannot be used unless the seller’s records show that for the purpose of such sale he has adopted as his ceiling the ceiling price of such other seller. (ii) In-line ceiling prices. If under this method (i) of pricing a seller ar¬ rives at a ceiling price for a liquefied petroleum gas which is not in line with the price he would have arrived at by use of his customary pricing practices in the same general area during the base period December 19, 1950, to January 25, 1951, he may nevertheless sell at a price in line with his price for the product at other comparable points which re¬ flects his customary pricing practices. The seller shall within 15 days after making a sale file this in-line price with the Petroleum Branch, Office of Price Stabilization, Washington 25, D. C., stat¬ ing his proposed ceiling price and in ,what way the ceiling price determined according to the ■price of a competitive seller of the same class is inconsistent with the customary pricing practices dl the seller. Such price shall be the sell¬ er’s ceiling price for the particular prod¬ uct unless it is disapproved in writing or a substitute price is established by the Office of Price Stabilization. A ceiling price established under this section may be changed at any time by order of the Office of Price Stabilization. (4) Final pricing method. See Sec¬ tion 28 of this regulation. Sec. 23. Natural gasoline, (a) Spe¬ cific prices. (Reserved.) (b) Posted prices: (1) In areas where natural gasoline is dustomarily purchased and sold on the basis of posted purchase prices the ceil¬ ing price for natural gasoline so sold and purchased shall be: (i) Posted purchase price. The ceil¬ ing price for natural gasoline from any given field shall be the posted purchase price as of January 25, 1951, for said field. (ii) Two or more posted purchase prices. Where there was for any field more than one posted purchase price, the ceiling price for natural gasoline shall be the highest of the posted pur¬ chase prices. 81 Trans 34:C6 (iii) Contract in excess of posted pur¬ chase price. Notwithstanding (i) and (ii> above where a contract was in ef¬ fect on January 25, 1951, and was made prior to December 9, ±950, for the pur¬ chase of natural gasoline at the receiv¬ ing tank at a price in excess of the highest posted purchase price for the given neld a*vd deliveries were made prior to January 25, 1951, in accordance with such contract, then the price ac¬ tually charged on January 25, 1951, shall be the ceiling price for the natural gaso¬ line covered by the contract. On termi¬ nation of the contract establishing the ceiling price for the production in¬ volved, any purchaser may purchase the production involved at the price charged under the contract on January 25, 1951, regardless of any posted purchase price, (c) Formula prices: (1) Ceiling price based on sales. The ceiling price for each seller at each shipping or delivery point shall be the highest price charged at that point by him during the period December 19, 1950, to January 25, 1951, inclusive, for a sale of a particular grade of natural gasoline to a purchaser of the same class. (2) Ceiling price based on offering price. If a seller is unable to determine a ceiling price under (1), the ceiling price for such seller at each shipping or delivery point shall be the highest offer¬ ing price at the shipping or delivery point during the period December 19, 1950, to January 25, 1951, for a sale of a particular grade of natural gasoline to a purchaser of the same class. (3) Ceiling price based on competitive or in-line ceiling price. (i) Ceiling price of another seller When a seller at a given shipping or de¬ livery point is unable to determine a ceiling price for natural gasoline under (1) or (2) above, his ceiling price at the particular shipping or delivery point shall be the highest ceiling price of any seller of the same class to a purchaser of the same class for the same shipping or delivery point. This method of de¬ termining a ceiling price cannot be used unless the seller’s records show that for the purpose of such sale he has adopted as his ceiling, the ceiling price of such other seller. (ii) In-line ceiling price. If under this method (i) of pricing a seller arrives at a ceiling price for natural gasoline which is not in line with the price he would have arrived at by use of his cus¬ tomary pricing practices in the same general area during the base period De¬ cember 19, 1950, to January 25, 1951, he may nevertheless sell at a price in line with his price for the product at other comparable points which reflects his customary pricing practices. The seller shall within 15 days after making a sale file this in- line price with the Petroleum Branch, Office of Price Stabilization, Washington, D. C., stating his proposed ceiling price and in what way the ceiling price determined according to the price of a competitive seller of the same class is inconsistent-with the customary pric¬ ing practices of the seller. Such price shall be the seller’s ceiling price for the particular product unless it is disap¬ proved in writing or a substitute price is established by the Office of Price Stabili¬ zation. A ceiling price established un¬ der this section may be changed at any time by order of the Office of Price Stabilization. (4) Final pricing method. See Sec¬ tion 28 of this regulation. Sec. 23a. Natural gas. petroleum gas. casinghead gas 'and refinery gas. — (a) Exemption. Nothing in this section shall be construed to authorize the reg¬ ulation of a rate that is exempt from control by the Office of Price Stabiliza¬ tion under the Defense Production Act of 1950. (b) Specific prices. In cases where there were published rate schedules, or offering prices, of a seller during or within one year prior to the base period, then the highest of such published rates or prices shall be the ceiling prices of the seller as to the classes of purchasers to whom such rate schedules or offering prices relate in any particular market or producing area. In order for a seller to price under this section his published rates, or offering prices, shall be filed with the Petroleum Branch of the Office of Price Stabilization, Washington 25, D. C., on or before May 15, 1951. (c) Formula prices—(l) Ceiling prices based on sales. In the absence of a spe¬ cific price determined under paragraph (b) of this section, the ceiling price for each seller at each delivery point in a particular market or producing area shall be the highest price charged by him in such particular market or producing area during the period December 19, 1950, to January 25, 1951, inclusive, for a sale of a particular type of gas to a purchaser of the same class. In the case of sales of natural gas, petroleum gas, casinghead gas, and refinery gas, the definition of sale contained in the definitions section of this regulation shall not apply. For these products sale shall include: (i) Sales in the base period pursuant to oral or written contracts, including spot sales, made during such period. (ii) (Deleted) [Subdivision (ii) deleted by Amdt. 4| (iii) Written contracts made in the base period whether or not any deliveries were made thereunder, and written con¬ tracts made during the period June 1, 1950, to December 18, 1950, inclusive, un¬ der which no deliveries were made in the base period but which provided for per¬ formance to begin during or after the base period. (iv) Deliveries made during the base period under a written contract made prior to December 19, 1950, and after June 1, 1950, if the prices reflected cur¬ rent market conditions. (2) Existing contracts, (i) Where a buyer and seller have entered into a con¬ tract prior to January 25, 1951 such con¬ tract may be carried out in accordance with its terms, notwithstanding any other provisions of this regulation. (ii) All long term written contracts in effect in the base period may be used, in accordance with the terms of such contracts, as the basis for determining ceiling prices for all purchasers of the same class notwithstanding the provi¬ sions of subparagraph (1) of this para¬ graph. [Subparagraph (2) amended by Amdt. 4J (3) Competitive or in-line ceiling ■price —(i) Ceding price of another seller. When a seller at a given shipping or de¬ livery point is unable to determine a ceil¬ ing price for a particular gas under subparagraph (1) of this paragraph or in cases falling under subparagraph (2) the seller does not choose to determine his ceiling under subparagraph (2), his ceiling price at the delivery point shall be the highest ceiling price of any seller of the same class for gas of the particu¬ lar type to a purchaser of the same class in the same market or producing area. This method of determining a ceiling price cannot be used unless the seller’s records show that for the purpose of such sale he has adopted as his ceiling the ceiling price of such other seller un¬ der similar contract terms. [Subdivision (1) amended by Amdt. 4] (ii) In-line ceiling price. If under this method (3) (i) of pricing, a seller arrives at a ceiling price for a particular gas which is not in line with the price he would have arrived at by use of his customary pricing practices in the same market or producing area during the base period December 19, 1950, to Janu¬ ary 25, 1951, he may nevertheless sell at a price in line with his price for the particular gas at other comparable points which reflects his customary pricing practices. The seller shall within 15 days after making a sale file this in-line price with the Petroleum Branch, Office of Price Stabilization, Washington 25. D. C., stating his proposed ceiling price and in what way the ceiling price deter¬ mined according to the price of a com¬ petitive seller of the same class is inconsistent with the customary pricing practices of the seller. Such price shall be the seller’s ceiling price for the par¬ ticular product unless it is disapproved in writing or a substitute price is estab¬ lished by the Office of Price Stabilization. A ceiling price established under this section may be changed at any time by order of the Office of Price Stabilization. (4) Final pricing method. See sec¬ tion 28 of this regulation. [Section 23a added by Amdt. 1[ Sec. 24. All other petroleum products included under this Regulation, (a) Specific prices. (Reserved.) (b) Formula prices: (1) Ceiling price based on sales. The ceiling price for each seller at each ship¬ ping or delivery point shall be the high¬ est price charged at that point by him during the period December 19, 1950, to January 25, 1951, inclusive, for a sale of a particular grade of any other petro¬ leum product included under this Regu¬ lation but not listed under one of the foregoing sections to a purchaser of the same class. (2) Ceiling price based on offering price. If a seller is unable to determine a ceiling price under (1), the ceiling price for such seller at each shipping or delivery point shall be the highest offei ing price at the shipping or delivery point during the period December ti 81 Trans 34:C7 1950, to January 25, 1951, for a sale of a particular grade of any other petro¬ leum product included under this Reg¬ ulation but not listed under any of the foregoing sections to a purchaser of the same class. (3) Ceiling price based on competitive or in-line ceiling price. (i) Ceiling price of another seller. When a seller at a given shipping or de¬ livery point is unable to determine under (1) or (2) above a ceiling price for any other petroleum product included under this Regulation but not listed under any of the foregoing sections, his ceiling price at the particular shipping or de¬ livery point shall be the highest ceiling price of any seller of the same class to a purchaser of the same class for the same shipping or delivery point. This method of determining a ceiling price cannot be used unless the seller’s records show that for the purpose of such sale he has adopted as his ceiling the ceiling price of such other seller. (ii) In-line ceiling prices. If under this method (i) of pricing a seller arrives at a ceiling price for a petroleum prod¬ uct included under this Regulation but not listed under any of the foregoing sec¬ tions which is not in line with the price he would have arrived at by use of his customary pricing practices in the same general area during the base period De¬ cember 19, 1950, to January 25, 1951, he may nevertheless sell at a price in line with his price for the product at other comparable points which reflects his customary pricing practices. The seller shall within 15 days aftei making a sale file this in-line price with the Petroleum Branch, Office of Price Stabilization, Washington 25, D. C., stating his pro¬ posed ceiling price and in what way the ceiling price determined according to the price of a competitive seller of the same class is inconsistent with the cus¬ tomary pricing practices of the seller. Such price shall be the seller’s ceiling price for the particular product unless it is disapproved in writing or a substi¬ tute price is established by the Office of Price- Stabilization. A ceiling price established under this section may be changed at any time by^ order of the Office of Price Stabilization. (4) Final Pricing method. See Sec¬ tion 28 of this, regulation. ARTICLE III—INCREASES PERMITTED OR REDUCTIONS REQUIRED Sec. 25. Transportation, (a) There may be added to the applicable ceiling prices determined under other sections of this Regulation an amount not in excess of the following; (1) The increased costs to the seller or his reseller customer resulting from transportation rate increases after Jan¬ uary 25, 1951, permitted by Federal or State regulatory bodies or by the Office of Price Stabilization. (2) Where transportation is in facili¬ ties owned or controlled by the seller the same increases as provided in (1) above where the movement involved is in lieu of transportation by such regulated carrier. Provided, however, there may be added by the seller to the applicable ceiling price established herein an amount not in excess of the transportation tax im¬ posed by Section 620 of the Revenue Act of 1942 if the seller incurred such tax. (b) A seller adding transportation in¬ creases may round out fractions of cents per gallon in line with his custom¬ ary base period practices. [Paragraph (b) added by Amdt. 4) Sec. 26. Taxes. Any tax increase, or new tax after January 25, 1951, imposed upon or incident to the sale, production, gathering, severance, transportation, de¬ livery, processing or use of any petro¬ leum product covered by this regulation, excepting import duties, may be collect¬ ed by a seller in addition to the ceiling prices established under this regulation, if the seller is required by law to collect or pay such tax. Sec. 27. Increases permitted for desig¬ nated areas —(a) Export sales and sales in the territories of the United States. Any export regulation which may here¬ after be issued shall be applicable to ex¬ port sales and sales for export of com¬ modities covered by this regulation. Sellers of commodities covered by this regulation who during the base period treated purchasers in the territories of the United States as purchasers of a separate class from purchasers located in the continental United States may continue to apply on their sales to these purchasers their customary differentials. Such customary differentials may in¬ clude charges for special packing if it was the sellers’ practice to include such charges on their sales to purchasers in the territories during the base period. (b) Puerto Rico and the Virgin Is¬ lands. On deliveries of residual fuel oil or blends thereof in Puerto Rico and the Virgin Islands, a seller may add to his f. o. b. or delivered ceiling price 7<* per barrel plus any duty actually paid by him in excess of lOVfe? 1 per barrel, unless the seller has already added increased duty charges pursuant to paragraph (a) of this section. (c) Delivered cargo ceiling prices for residual fuel oil and blends thereof with distillate fuel oils at Altantic Coast ports —(1) No. 6 Commercial Standard Specifications Fuel Oil. The delivered cargo ceiling prices of all sellers for sales of No. 6 Commercial Standard Specifica¬ tions Fuel Oil applicable to all classes of purchasers in effect prior to June 4, 1951, shall be increased by the amounts per barrel indicated at the points enumer¬ ated in the table below: Atlantic coast ports Dollars per 42-gallon barrel Increases in delivered cargo prices Searsport, Maine. Portland, Maine. Portsmouth, New Hampshire.. Everett, Massachusetts. Boston Harbor Area. Fall River, Massachusetts. Tiverton, Rhode Island. Providence Harbor Area. New London, Connecticut. New Haven, Connecticut. Bridgeport, Connecticut.. New York Harbor Area. Philadelphia Harbor Area.. Baltimore, Maryland. Norfolk, Virginia. Morehead City, North Carolina Charleston, South Carolina. Savannah, Georgia. Jacksonville, Florida. Miami, Florida.. Tampa, Florida. Port St. Joe, Florida... Panama City, Florida... *0.31 .31 .31 .31 .31 .295 .295 . 295 .295 .32 .32 .30 .30 .30 .25 .22 .21 .21 .19 .17 .17 .17 .17 (2) Other residual fuel oil products. Any seller who during the base period maintained a customary differential be¬ tween No. 6 Commercial Standard Speci¬ fications Fuel Oil and other residual fuel oil products, such as low sulphur (maxi¬ mum 1 per cent) No. 6 fuel oil, residual gas enrichment oils, residual No. 4 and 5 fuel oils and special No. 4 residual fuel oils may add such base period differen¬ tials to the ceiling prices determined un¬ der subparagraph (c) (1) of this section. (3) Increases for other transactions and at other points. An f. o. b. or deliv¬ ered ceiling price, in effect prior to June 4, 1951, of any seller of residual fuel oil or blends thereof, whose ceiling price is not established in section 21 (a) (1) and (2), shall be increased to each class of purchaser by the amount of the increase specified in the table in paragraph (c) (1) of this section in the following cases: (i) On sales at any point where the purchaser is of a class which was cus¬ tomarily, and is presenty, supplied from the points designated in the table in paragraph (c) (1) of this section. (ii) On sales at any point where the seller’s price of residual fuel oil, or blends thereof, was customarily based upon the price at a point set forth in the table in paragraph (c) (1) of this section, in which case the increase can be added irrespective of where the product orig¬ inates. (4) Preservation of discounts, differ¬ entials, and allowances. The ceiling prices determined under this section shall reflect customary discounts, differ¬ entials and allowances in effect in the base period to all classes of purchasers. [Section 27 amended by Amdt. 3] 81 Trans 34:C8 ARTICLE IV—FINAL PRICING METHOD Sec 28. Seller unable to determine ceiling price, 'a) If under other provi¬ sions of this regulation, a seller is unable to determine his ceiling price at a given shipping or delivery point for any prod¬ uct covered by this regulation, then the seller may nevertheless make a sale of such product at that point. If a seller wishes, he may file a ceiling price before making a sale. If the ceiling price is not filed in advance he must within 15 days after making the sale file with the Petro¬ leum Branch of the Office of Price Sta¬ bilization, Washington 25, D. C. a written report of the ceiling price including a statement setting forth: (1) The sale price with careful details of the sale, or if no sale is made the ceil¬ ing price which is requested. (2) An explanation as to why the seller is unable to establish a ceiling price under preceding articles of this regu¬ lation. (3) Whenever applicable, that the ceiling price is in line with his own ceiling price for the same product at three other points nearest the point at which the sale is made. (4) Whenever (3) is not applicable, an explanation, supplemented by speci¬ fications as to how the particular prod¬ uct differs from the two products hav¬ ing the most nearly similar specifica¬ tions for which ceiling prices are estab¬ lished under preceding articles of this Regulation, the ceiling prices of such products and a statement showing the method of evaluating the product used by the seller. {Paragraph (a) amended by Amdt. 41 (b) The price filed shall be the seller’s ceiling price at the shipping point or delivery point for the particular prod¬ uct unless or until a substitute ceiling price is established. [Paragraph (b) amended by Amdt. 4| (c) If a seller shall fail to report a sale as required by this section, the Of¬ fice of Price Stabilization may at any time upon written notice to the seller establish his ceiling price for the par¬ ticular product at the particular point effective retroactively to a date 15 days after the making of the sale. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Michael V. DiSalle, Director, Office of Price Stabilization. FILE following 81 Trans 34:C8 (3-10-52) 81 Trans 34:C9 Deposits on Containers OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 17 Amendment 5 MARCH 10, 1952 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 17, Amdt. 5] CPR 17 —Gasolines, Naphthas, Fuel Oils and Liquefied Petroleum Gases, Natural Gas, Petroleum Gas, Casing¬ head Gas, and Refinery Gas deposit on containers Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended. Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 5 to Ceiling Price Regulation 17 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to Ceiling Price Reg¬ ulation 17 adds a new section to Article III, fixing the terms under which deposit charges may be made on steel contain¬ ers. This new section is the same as the deposit section in Ceiling Price Regula¬ tion 63 covering lubricating oils and greases and similar to the deposit sec¬ tion in Ceiling Price Regulation 66 cov¬ ering asphaltic products. While gaso¬ lines, naphthas and distillates are sold less frequently in containers than are lubricating oils and greases, sales of products covered by Ceiling Price Regu¬ lation 17 in containers are quite extensive in certain areas and to certain classes of purchasers. During the early history of the Office of Price Stabilization, when Ceiling Price Regulation 17 was being written, it v/as intended to include a section dealing with container deposit charges. How¬ ever, such a section was intentionally omitted from the final draft because the Agency policy on deposit arrangements had not been fully developed. Consul¬ tations with members of industry were still in process at that time for the pur¬ pose of developing a deposit arrangement which would be most satisfactory and workable. The advantages of having a deposit arrangement for steel containers are well recognized in the marketing of pe¬ troleum products. Early in the defense program the scarcity of steel containers was an increasingly serious problem. It became imperative months ago that drums be returned to sellers as rapidly as possible in order that petroleum products could be distributed by cus¬ tomary methods and in adequate volume. In August 1951 this Agency issued Gen¬ eral Interpretation 2 which permitted marketers not only to retain deposit arrangements which were in effect in the base period but also to institute deposit charges in cases where none had been in effect in the base period. While marketers of petroleum prod¬ ucts are permitted, therefore, to utilize deposit arrangements, the terms thereof are not specific when related to products covered by Ceiling Price Regulation 17. To reduce the administrative burden on the Office of Price Stabilization Regional and District Offices and to remove the uncertainty on the part of sellers as to whether their deposit arrangements con¬ form to the conditions of General Inter¬ pretation 2, Ceiling Price Regulation 17 is amended to specify the terms of de¬ posit arrangements applicable to prod¬ ucts subject to this regulation. The new section also prescribes the ceiling price adjustment required when sellers shift from a non-returnable to a return¬ able drum basis. In the formulation of this amendment, there has been consultation with indus¬ try representatives, including trade as¬ sociation representatives, to the extent practicable. As mentioned above, when the formal Industry Advisory Committee discussed the provisions of Ceiling Price Regulation 17, the deposit problem was studied, and consideration has been given the recommendations made at that time. In the judgment of the Director of Price Stabilization, the provisions of this amendment are generally fair and equi¬ table and are necessary to effectuate the purposes of Title IV of the Defense Pro¬ duction Act. AMENDATORY PROVISIONS Ceiling Price Regulation 17 is amended in the following respect: A new section 27a is added immedi¬ ately following section 27 to read as follows: Sec. 27a. Containers — (a) Deposits. Any seller subject to the provisions of this regulation may place deposit charges not to exceed the following amounts on the enumerated shipping containers, not including I. C. C. 5 or 5B drums. Such deposit charges shall be subject to the seller’s customary prac¬ tice with respect to condition of drum and time allowed for return: 55-gallon or 400-pound, 16-20-gauge steel drum_$10. 00 30-gallon or 200-pound, 16-20-gauge steel drum_ 6. 00 15-gallon or 100-pound, 19-24-gauge steel drum_ 4. 00 (b) Reduction in ceiling price when shifting from a non-returnable to a re¬ turnable drum basis. Any seller who during the base period sold on a non- returnable drum basis and subsequent to the base period shifts to a .returnable drum basis shall deduct at least the fol¬ lowing amounts from his ceiling prices to his purchasers in all States except California, Washington and Oregon. 55-gallon or 400-pound, 16-20-gauge steel drum_$1. 75 30-gallon or 200-pound, 16-20-gauge steel drum_ 1. 50 15-gallon or 100-pound, 19-24-gauge steel drum_ 1.00 In the States of California, Washing¬ ton and Oregon, the minimum deduc¬ tions from ceiling prices shall be the amounts set forth above plus an addi¬ tional $0.25. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. 2154) Effective date. This amendment to Ceiling Price Regulation 17 shall become effective March 15, 1952. Ellis Arnall, Director of Price Stabilization. March 10, 1952. ' • • ■ FILE following 81 Trans 34:C9 (5-20-52) 81 Trans 34:C11 Exclusion of Territories and Possessions (Amending Secs. 3 and 27(a); deleting Sec 27(b)) OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 17 Amendment 6 MAY 20, 1052 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 17, Amdt. 6] CPR 17— Gasolines, Naphthas, Fuel Oils and Liquefied Petroleum Prod¬ ucts, Natural Gas, Petroleum Gas, Casinghead Gas and Refinery Gas territories and possessions Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this amend¬ ment to Ceiling Price Regulation 17 is heieby issued. STATEMENT OF CONSIDERATIONS This amendment excludes from the coverage of Ceiling Price Regulation 17 the territories and possessions of the United States. This will place the sales of these petroleum products in the ter¬ ritories and possessions under the pro¬ visions of Ceiling Price Regulation 9 which was specifically written to cover sales of all types of commodities within the territories and possessions of the United States. When Ceiling Price Regulation 17 was issued, it was considered to be a workable ceiling price regulation for the territories and possessions as well as the Continen¬ tal United States. However, because most of its provisions were designed to meet marketing conditions as they existed within the 48 States experience has proved this expectation incorrect. For example, Ceiling Price Regulation 17 has already had to be amended to meet specific problems that arose in Puerto Rico and the Virgin Islands. Territorial problems have arisen under CPR 17 be¬ cause most of the petroleum products used in places like Virgin Islands and Puerto Rico are imported into these is¬ lands from foreign countries and by means of foreign-owned transportation facilities. Ceiling Price Regulation 9, on the other hand, was tailored to insure a maximum of price stabilization com¬ mensurate with the physical location, economic problems and marketing prac¬ tices of the territories and possessions. Transfer of sales of petroleum products in the territories and possessions from CPR 17 to CPR 9 not only is expected to solve most of the industry’s currently pressing price problems but will also be more convenient both for OPS and the industry. The Director of Price Stabilization has consulted with trade association repre¬ sentatives and members of the industry affected by this suDplementary regula¬ tion and consideration has been given to the information and suggestions re¬ ceived from them. AMENDATORY PROVISIONS Ceiling Price Regulation 17 is amended in the following respects: 1. Section 3 is amended to read as follows: Sec. 3. Geographical coverage. The provisions of this regulation are appli¬ cable to the 48 States of the United States and the District of Columbia. 2. Section 2T7 (a) is amended to read as follows: V (a) Export sales. Any export regula¬ tion which may hereafter be issued shall be applicable to export sales and sales for export of commodities covered by this regulation. 3. Section 27 is further amended by deleting the present paragraph (b) and redesignating paragraph (c) as para¬ graph (b). (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment shall become effective May 26, 1952. Ellis Arnall, Director of Price Stabilization. May 20, 1952. 3 •. *• k . -vv'sv* . ( 4 f- • ' . - ■ ■ . ■ . ... 4 FILE following 81 Trans 34:C11 (8-8-52) 81 Trans 34:C13 Area Adjustment of Tank Wagon Ceiling Prices of Fuel Oil Distributors (Paragraph 11(d) added) OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 17 Amendment 7 AUG. 8. 1952 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Celling Price Regulation 17, Arndt. 7| CPR 17— Gasolines, Naphthas, Fuel Oils and Liquefied Petroleum Prod¬ ucts, Natural Gas, Petroleum Gas, Casinghead Gas and Refinery Gas AREA ADJUSTMENT OF TANK WAGON CEILING PRICES OF FUEL OIL DISTRIBUTORS Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this amendment to Ceiling Price Regulation 17 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to Ceiling Price Reg¬ ulation 17 provides for area adjustments of the ceiling prices of tank wagon dis¬ tributors of heating oils in a retail mar¬ keting area when the net margins of these distributors are reduced to such an extent that their earnings fall below the level of their earnings in the year ended May 31, 1950. While it does not appear that distrib¬ utors’ gross margins are less than those required by section 402 (k) of the De¬ fense Production Act, distributors in cer¬ tain retail marketing areas have sub¬ mitted data to show that increased costs have substantially reduced their net earnings. The industry earnings stand¬ ard, the basic standard by which OPS measures the need for ceiling price ad¬ justments, provides that relief may be considered if an industry can show that its current earnings are less than 85 per¬ cent of its earnings in the best three of the four years 1946-1949. Experience has demonstrated that the industry earnings standard is difficult to apply in the wholesaling and retailing of heating oil. There are many thou¬ sands of heating oil marketers at the tank wagon level—too many to consider in one data collection project. More¬ over, the need and the scope of relief re¬ quired are not uniform, and may be very different in one area than in another. Consequently it appears preferable in this case to provide for adjustments on an area rather than an industry wise ba¬ sis. In addition, the bookkeeping rec¬ ords of many of these heating oil job¬ bers are entirely inadequate to supply the information for the years 1946-1949 required for a direct application of the industry earnings standard. Analysis of available data shows that the granting of area adjustments on the basis of earn¬ ings in the year ended May 31, 1950, as provided in this amendment, will yield results in this field consistent with re¬ sults that would be obtained by use of the industry earnings standard. This approach is adopted as the best means of measuring the relief to be granted in the absence of complete data for the years 1946-1949. A reporting form is provided for use by the heating oil distributors requiring the submission of income data for the base period year and comparative data for the fiscal year ended May 31, 1952. In the formulation of this amend¬ ment there has been consultation with industry representatives, including trade association representatives, and consid¬ eration has been given to their recom¬ mendations. In the judgment of the Director of Price Stabilization the method of ceil¬ ing price adjustment established by this amendment is generally fair and equita¬ ble and is consistent with the purpose of Title TV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Section 11 to Ceiling Price Regulation 17 is amended by adding a new para¬ graph (d) to read as follows: (d) Area adjustments of tank wagon ceiling prices for fuel oil distributors. The Director of Price Stabilization may adjust the tank wagon ceiling prices for Heating Oils (kerosene, No. 1 and No. 2 Oil, Furnace Oil, Range Oil and Stove Oil) sold by tank wagon distributors in a retail marketing area when the net margins of such distributors in the area are insufficient to maintain their level of earnings in the fiscal year ended May 31; 1950. Such area adjustment shall be made only after sufficient informa¬ tion has been received for comparison of current earnings with the earnings of the fiscal year ended May 31, 1950. Ap¬ plications for area adjustments shall be filed with the OPS District Office hav¬ ing jurisdiction over the area for which an adjustment is requested. The data supporting such an application shall then be filed on OPS Public Form No. 151 which will be furnished by the OPS District Office when OPS determines that a survey of the area is appropriate. Application for the institution of an area survey shall be filed with the OPS District or Regional Office having juris¬ diction over the majority of the popula¬ tion of the area for which adjustment is requested. Such applications shall contain the following information: (1) Name and address. (2) Type of operation, e. g., bulk plant, tank-wagon distributor, etc. (3) A statement identifying the ap¬ plication as one made under CPR 17, Arndt. 7. (4) An identification of the market area for which you believe a ceiling price adjustment to be necessary. (5) Gallonage of light fuel oils deliv¬ ered at tank wagon level in the periods June 1949-May 1950 and June 1951- May 1952 showing separately, for each period, the gallonage delivered to resell¬ ers and to ultimate consumers. (6) Net operating income derived from the sale of light fuel oils in each of the periods specified in subparagraph (5) of this paragraph. (7) A statement as to why you believe an area ceiling price adjustment to be necessary for the market area identified in subparagraph (4) of this paragraph. This statement should be based upon in¬ formation readily available to you; any systematic collection of data from other firms will, where needed, be done by OPS and should not be undertaken by an ap¬ plicant under this section. If OPS determines that an area survey is appropriate, the survey will be conducted by the use of OPS Public Form 151. (Sec. 704, 64 Stat. 816, as amended; 60 U. S. C. App. Sup. 2154) Effective date. This amendment shall become effective August 13, 1952. Note: The reporting requirements of this amendment have been approved by the Bu¬ reau of the Budget In accordance with the Federal Reports Act of 1942. Ellis Arm all, Director of Price Stabilization. August 8, 1952. A ■ i; ' • k urn* ■ ^ w ' ' V . T| ? ro 1 0 n>'fV'> • ' . b i :) ; ■ - . tt ' . mi ic* btbUi j si «o m.rv.. ■ 1 » 4+r 'K, ji . . j+bntiav. ■ x) - • ) r '-- ' ' ta '.■> • iitfcdi ■ t* 'vt**- . c.- ' ; i » ^ > .^■ri J \Li ■ ,.V1- V 3.T XlOvtyWA ■ • " a- ta ri . ffl'; • ■ *i• >{ - ! wry i.«<. mr4 tU . * .0 ’■ > i." * A' to ■ .5 *a rl. . , -diO. 4 O v-. U ■' ■ » hi- si ^y»6 d 71 • - T ' >T. ■ t jf ( f. •: : ' ' ./ = !.’ . s V-i-- /-.ft.i • Ml- j • « ju . : 'Wii » ■' •; re -■ • i; i'aab '..it Where a buyer and seller have entered into a contract prior to January 25, 1951 such contract may be carried out in accord¬ ance with its terms, except that no term of any such contract providing for an increase in price based on an increase in price under any other contract, may be carried out if to carry it out will result in a price above the highest price paid during the base period for gas of the same particular type by a purchaser of the same class in the same market or producing area. 2. Section 23a (4) is amended to read as follows: (4) Limitation on in-line pricing. Notwithstanding any other provisions of this regulation, no ceiling prices shall be established under sections 23a *• O *-< v i I >. .j w . . i . - nfh^xi'ldr ♦£ ■ ft 5 ••; •< 'if . C • it'i '• - • I 1 . . ■ . FILE following 81 Trans 34:C15 (1-15-53) 81 Trans 34:C17 Transportation Ceiling Price Regulation 17 Amendment 9 JANUARY 15, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Ceiling Price Regulation 17, Arndt. 9( CPR 17 —Gasolines, Naphthas, Fuel Oils and Liquefied Petroleum Gases, Natural Gas, Petroleum Gas, Casing¬ head Gas and Refinery Gas TRANSPORTATION AND TAXES Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amendment 9 to Ceiling Price Regula¬ tion 17 is hereby issued. STATEMENT OF CONSIDERATIONS The accompanying amendment to Ceiling Price Regulation 17 clarifies the section dealing with transportation and also makes certain increases in ceiling prices permissible where transportation factors would otherwise disrupt normal industry practice. Some difficulties have arisen under the regulation because of the stipulation that increases in ceiling prices shall not be in excess of increased transportation costs actually incurred. Strict adher¬ ence to this provision necessitates elab¬ orate and burdensome accounting proce¬ dures where inventories were on hand before the transportation increase oc¬ curred. This amendment permits the ceiling price to reflect increased trans¬ portation costs as of the day the trans¬ portation increases are effective or on the effective date of this regulation if the transportation increase has already become effective. The transportation section was not intended to permit increased ceiling prices based on higher transportation rates on crude or semi-finished stocks. The language of the amendment specifi¬ cally excludes such increases as a basis of increasing ceiling prices. However, it is recognized that certain sellers must be permitted to reflect increases in in¬ bound freight rates if a disruptive effect on the market is not to result. The great percentage of he products covered by this regulation are produced and sold by the major integrated petroleum com¬ panies. The transportation costs in¬ curred by these sellers in the main are for outbound transportation. However, some blenders and resellers who must purchase their blending stocks or fin¬ ished materials from these integrated companies incur inbound freight costs. The inbound freight they incur parallels the outbound freight of the integrated producers, who account for the greater part of the production, and who are in competition with the smaller independ¬ ent resellers and blenders. To permit these smaller operators to retain their customary price relationship with those sellers supplying the bulk of these prod¬ ucts, Ceiling Price Regulation 17 has permitted inbound freight increases on finished products as a basis for increased ceilings. This amendment extends this permission for these same reasons to those few sellers who incur inbound freight on productsyto be blended or further refined. In the marketing of petroleum there are many instances where the market price of a product at a delivery point, while reflecting some elements of trans¬ portation, will not reflect the exact amount of freight that the individual seller incurs in making delivery to that point. Thus, a particular seller may use his freight cost in shipping product to one point in a pricing area for estab¬ lishing prices throughout the pricing area. Again the seller may have had to absorb some freight because he has sold at a market price based on product shipped from a basing point. Converse¬ ly, he may have had an advantage in selling in a market where the price re¬ flected freight from a point farther than his point of supply. In another situ¬ ation a seller's market price may cus¬ tomarily reflect the rates for a means of transportation other than the means he actually uses, but which is the means normally used by most other sellers in that area. In order to maintain the stability of the market this regulation permits increases in ceiling prices based on the amount of increases in the trans¬ portation rate customarily used by the seller as a factor in his price if his base period prices reflected such customary rate. In this way sellers may not in¬ crease their ceiling prices more than they would have in ordinary practice, nor would those who had no or a lesser increase in transportation rates find themselves with ceiling prices that do not reflect their customary price rela¬ tionship with other sellers in the market. Instances have come to the attention of the Office of Puce Stabilization where sellers have undertaken to raise ceiling prices because of a shift from a normal method of transportation or normal source of supply to a higher cost method of transportation or a source of supply incurring a higher transportation cost. It was not intended to provide for ad¬ justment of ceiling prices because of cost increases resulting from shifts in source of supply. It is stated explicity in the amendment that such abnormal supply situations do not qualify the seller for an increase in his ceiling prices under the transportation section of the regulation. The section of Ceiling Price Regulation 17 dealing with taxes is amended to re¬ quire a reduction of ceiling prices cor¬ responding to tax reduction where ceiling prices include taxes, as well as permit¬ ting ceiling prices to increase where taxes are increased. In the formulation of this amend¬ ment there has been consultation with industry representatives, including trade association representatives, to the ex¬ tent practicable, and consideration has been given to their recommendations. In the judgment of the Director of Price Stabilization the changes set forth in these amendatory provisions are gen¬ erally fair and equitable and are neces¬ sary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS 1. Section 25 of Ceiling Price Regula¬ tion 17 is amended to read as follows: Sec. 25. Transportation, (a) A seller may add to the applicable ceiling prices' determined under other sections of this regulation an amount calculated in ac¬ cordance with whichever of the follow¬ ing three methods conforms to his cus¬ tomary practice in the base period : (1) A seller may add the increase in his unit cost resulting from transporta¬ tion rate increases after January 25, 1951 permitted by Federal or State regu¬ latory bodies or by the Office of Price Stabilization. Such increases may in¬ clude excise taxes, which are a part of or are applicable to the increase. If the increase in transportation rates occurs after the effective date of this regula¬ tion the higher ceiling prices may be made effective on or after the day that the increased transportation rate goes into effect. (2) Where the transportation of the product is in facilities owned or con¬ trolled by the seller and is in lieu of movement by a regulated carrier, he may add the unit increase that would be per¬ mitted him in subparagraph (1) of this paragraph, had he used such regulated carrier. (3) Where a seller in accordance with his customary pricing practice included in his selling price during the base period the transportation rate from a point other than his own source of supply, or the transportation rate to a point in a pricing area other than the rate to the actual point of delivery, or the rate of a means of transportation other than that actually used by him, he may add the unit increase permitted by Federal or State regulatory bodies or by the Office of Price Stabilization in such transportation rate. (b) A seller may round the additions to his ceiling price determined under this section to the nearest cent or frac¬ tion of a cent in accord with his cus¬ tomary practice. If a seller elects to round one ceiling price he must similarly 81 Trans 34:C18 round all his ceiling prices increased un¬ der this section to reflect decreases as well as increases. (c) Under this section blenders or re¬ finers may increase the ceiling price of a finished product or for a product which has been further processed only up to an amount which will reflect the propor¬ tionate freight increases of the various components or the proportionate freight increases for each refined product, ex¬ cept that increases in the cost of trans¬ porting crude petroleum and increases in the cost of transporting, for further processing, semi-finished materials be¬ tween units or controlled subsidiaries of the same company shall in no case be used as the basis of increasing ceiling prices under this section. (d) Nothing in this section shall au¬ thorize a seller to increase his ceiling prices as a result of higher transporta¬ tion costs (including excise taxes there¬ on) caused by a change from the normal source of supply or a change to a differ¬ ent method of transportation. •• • ' t ■ > ■ . •• ' X • ", • i j • . ' qi . O - ■ ■ . >Jt . ,< . jy . •. .• . . ituam - :t ; n : • • :• . ' • f >-• * - ' ■ : - ■ i ■ r , ^ d FILE following 81 Trans 34:103 (1-30-53) 81 Trans 34:103.1 S. 0.2 CPR 17. SEC. 11 (d) AMDT. 1 JANUARY 15. 1953 OFFICE OF PRICE STABILIZATION WASHINGTON ECONOMIC STABILIZATION AGENCY Office of Price Stabilization [Celling Price Regulation 17. as amended. Section 11 (d), Special Order 2. Arndt. 1] Washington. D. C., Metropolitan Area AREA ADJUSTMENT OF TANK WAGON CEILING PRICES OF FUEL OIL DISTRIBUTORS; READ¬ JUSTMENT OF PRICES Statement of considerations. As the Statement of Considerations accom¬ panying Special Order 2 makes clear, that order was designed to restore the net earnings of heating oil distributors in the Washington. D. C., metropolitan area to the level of the fiscal year ending May 31, 1950. In arriving at the ad¬ justment in ceiling prices necessary to accomplish this result consideration was given to the fact that under the pro¬ visions of Supplementary Regulation 10 to Ceiling Price Regulation 17 fuel oil distributors on the East Coast, which included the Washington, D. C., area, were granted as of June 30, 1952, a ceil¬ ing price increase of $0.0015 per gallon over and above the spelled-out increases in their product cost effected by SR 10. This increase of $0.0015 was granted pursuant to instructions from Dr. J. R. Steelman, then Acting Director of the Office of Defense Mobilization, simul¬ taneously with the grant of a ceiling price increase of $0.0065 per gallon to those who supplied product to the Wash¬ ington area distributors. Dr. Steelman’s instructions, which were made part of the Statement of Considerations in SR 10, intended this $0.0015 per gallon to com¬ pensate local distributors for the addi¬ tional expenses which they would incur in handling higher priced product. Recent representations by and confer¬ ences with representatives of the Wash¬ ington area distributors have convinced the Office of Price Stabilization that this intention was not fully carried out in Special Order 2, since the computa¬ tions that resulted in the adjustment granted in Special Order 2 treated the $0.0015 as additional net income to the fuel oil distributors rather than as com¬ pensation for increased costs. There¬ fore this amendment first increases the amount of the adjustment in Special Order 2 by $0.0015 per gallon. Amend¬ ment 7 contemplates the rounding of adjustment to the nearest tenth of a cent. Accordingly, the amendment in¬ cludes also an additional $0.0015. This brings the total adjustment granted by this amendment to $0,002 per gallon. With the $0,001 granted in the original special order the result is a total in¬ crease in ceiling price under section 11 (d) of CPR 17 of $0,003 per gallon. Amendatory provisions. For the rea¬ sons set forth in ibft statement of con¬ siderations accompanying this amend¬ ment and the statement of considerations in Special Order 2 and pursuant to the provisions of section 11 J 2 Sildi fU fUlOl 2 i 102 -basitJfl anid sniYnjsqmoooa znoiJaisbi? asouarobianoo to jnomsJaJz oil! bru U'^rx 3 fij oj 'HFuaruci baa 2 wbxO LsxosqB ai aoilisO od II aoiJ392 to anc* :voiq Vi ft 'xsbcis>;tu. .'I acudalxrasH 3'£i ,: 5 v Jasmine 1 abiO UiooqS lo I riqarsaiaa JsriT .1 ^nifiaO ’o ' I- «I :iotiy& isbnu c-wz*i S gi .bsbnsiits ?-s ."I noltalxrio^t 9ji. i ; 2 woiiol zb baai od babnacca yiitq $xxrii&> no?ww Jtast ?t*$ tarfT .x bae x oH eliO ajnitaap iol boa LxO 33 n^ iiO 90Sfny3 ,IiO £ oVf -dndaib n 0 - 3 * 5 -# ioad vd bfoa GiO 9 vo >3 -oidsm ,.0 Q .nodsniifesW 9 rid f« £06 0? b 9 &s 9 ioni 9 d y.Btxi .B9xs n&Jdocj .floUsB naq -ds^H son*! snrixoG to anoizivonq HA S -noorii za ;qaoxo ,b 9 bn 9 ma x-s ,71 noidal isb”o airfd to snoizivoiq 9f'J dim tns>J 2 X 2 ), r-tbtO ixuosqS to enotaivoiq ua ooa ai£j 2 jai Hade .nixmri babosnva &g .hjsoxb - rooo af-i od 2 *; toatia bn a aoiot :u. •-* :afcTO airfd bdTJYOO a 1 'bc vt -thorn .foabaams sd ■xsbio adT ,b amiJ vxjta d* aoffiO airfi *d fcssSovfn to r>-n fslriO IsioeqS aixiT atob ^nos^/l ."cv;. ,51 naunal 9Yt43aSa snx.ooad dada .aawioH .A TvrsowiV .■toloaisCL ioniaiCl .E38I ,31 Y3A-JKAL yailiv-i s to jaats srid rfdbtf Yteuoa/mt oJ notlas tsq 3300.02 to ozaoiani 3>nq -rifciV/ jjj 03 ioubanq bstlQqoa oriw ©soxU 2 fl=sml39t3 .Td atoJqdiiJgib xsaia notaai ad.: u- Itaq sbam 9tsw do; dw ,?xtoWsutJ?.ni 01 r aaoiiatabi.-noO to tneaiotsta ' *03 oJ aotlfiB isq 5x00.0$ gjdi bsbnalni -ibh. 9 dJ lot BioJudn$Z£b Iso«>i 9l83Xt9q mom bltrow Y3rfj rioxdw zoaooqxa taaou .jouLu-xq bsoiiq tdriBtd B«Ub«ed ni -ist-too baa 'id znoiJfda.-aoiqY! :a;>095T -r??.*nW 3rfJ to 29vttain9R9tq9'i xtt ; # rsons bsonivnoo nvari zicdi'di’.jai.b sets notani iarfj noitssiIjdx'J3 soi-rl to 90 IBO ■sdt too boirifio vjttft ton zbw iXoiJxi9Jnl 2 id) -stcrqcaoo add 90 x 112 .£ tabiO 'ai.0‘.iq3 ni Jnsmtaxxtba add ai batliiaai iartJ anoi? 9fi, S' tftinO iair^qS m bsjr.aVB »d: oS saso :>ci isa isnoitibba z& 5100 0$ -moo 2B aadJ tsriJ-n atoiudiitaib iio l*u\ -913rlT .23203 baeaaioai tot noidaansq vdj £9?JB9toni J3tft Jaambaoifiu e 15 slot lai 39 qS ni tnamtaotba 9rfd to .tnuoxna -basmA .noIU 3 tsq 3100.0$ vrf 2 isbiO to ^.aibcwox arid zslslqiit-j-tnoo v Jnam it lo rUasO jaaiaen add od doamdancbs -ai dnarabnama arid ^IsxubtooaA inso ?.idT .3100.0$ JanoiJibba na oaia aobulo vd b9ineis inamdgutba lat&d add z%xihd aoliss t9q £00.0$ u3 jasmbmme sirid (eniaho add ax bednaia 100 0$ add ridiW -rti [iiiad a e; Jiusat add i9bio Iai39q2 It noid-joa tabnw 93iiq aniliso ni azaeno .goUbs i 9 q £00.0$ to n a^o to C3J3xe «o ,ri aol.iAloa»a solt*? salli»Ot f X .tbffltA ,C isbiO IslvsqR . (t»> n /xol««8 A 3 SA MATIJOIOBTsM 0 .fl .«OT 3 KiHE>W L»1«JI23 XOOAW 7TV5.AT 'SO TK3MT20tOA ASS/. -cash : asonraxBTaia jxo jtjtrt to zsouit 2.-I3IH9 tO TWSMT?, T Jt 9;1J aA ,t«o:iBT9lmrto3 \o In^irtsSoXS -faoaat aaolistobfencO to dnsm^dadB .taslo gaaliixtr S tabiC ialoaqS ’gfllyaaq v>rid 9103891 o3 bOHBia9b aa# Tsbto dadd amdiidixdzjb do saidaari tc ebxvxubo Jstx njJdiioqotdsm ,.D G .nodBntdxaW srld at mxibti 9 isov; Iaos3 srti to ftva odd od asta -ba add da ^aivliis nl 533i .i£ isU o-i rueaasosn ?-9onq naihio nl inacaizul ■eav aoidatobianoo Jlu?,9i eidd dsxlqinoaoa oiq 9 rid i9bxx0 jsdi Jo.at snd od navis D> no;daaxs;-H v.iaxn9ra*r;q..- •- to BGOiAiv Xic feul>l ir.-.»fdU3dH 9-i-dI BdiUaO od doirtw ,32a-.;v daa3 9rid no aiotadiideib .csia '.’. .nodarnxiaaW sdd babiflam -1x93 a ,S36i .OS 9iwX. to ai ixodnata 9t»w «ols as taq 3100.0$ to aaaatoxT; oottq Bfli Z 9 ZP 3 73 Gi d«o-l)9ll9qa sdd '3/od.a bna t3■■ ■. ■ v 'I JWJOf i ». < • t ■ :■ • •• • 1 . -X t FILE following 81 Trans 34:111 (2-16-53) 81 Trans 34:113 S. O. 7 CPR 17. SEC. 11 (d) DECEMBER 9, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON ECONOMIC STABILIZATION AGENCY Office of Price Stabilization [Ceiling Price Regulation 17. Section 11 (d). Special Order No. 7) Adjustment of Tank Wagon Ceiling Prices in the Wasco and Sherman Counties. Oregon, and Klickitat County, Washington Marketing Area Statement of considerations. This special order adjusts the ceiling prices for sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) by tank wagon distributors in the marketing area of Wasco and Sherman Counties, Oregon, and Klicki¬ tat County, Washington. The Office of Price Stabilization was requested to conduct a survey to deter¬ mine whether increased costs have re¬ duced the net margins of heating oil distributors in the above named market¬ ing area below a point sufficient to main¬ tain the level of earnings in the year ending May 31, 1950. The results of that survey show that an upward ad¬ justment is necessary to bring earnings to that level. There is a large number of heating oil sellers at the tank wagon level in this region and the need for relief is not uni¬ form, but varies from marketing area to marketing area. Thus it is concluded that the adjustment must be on a mar¬ keting area basis, rather than on a re¬ gion-wide basis. For the purpose of this special order the boundaries of the mar¬ ket area have been determined a§ Wasco and Sherman Counties, Oregon, and Klickitat County, Washington. The adjustment granted by this order does no more than bring earnings to the level of the year ending May 31, 1950. It is therefore, consistent with the pro¬ visions of section 11 (d) of Ceiling Price Regulation 17. Special provisions. For the reasons set forth in the Statement of Considera¬ tions and pursuant to the provisions of section 11 (d) of Ceiling Price Regula¬ tion 17 and Delegation of Authority 72, It is ordered: 1. That the ceiling price of heating oil distributors in the Wasco and Sherman Counties, Oregon, and Klickitat County, Washington, marketing area for tank wagon sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) to consumers shall be in¬ creased by $0,001 per gallon. The Wasco and Sherman Counties, Oregon, and Klickitat County, Washington, market¬ ing area is defined as the area within the boundaries of the respective counties. 2. All provisions of Ceiling Price Regu¬ lation 17, except as inconsistent with the provisions of this Order shall remain in full force and effect as to the com¬ modities covered by this Order. 3. This Order may be amended, modi¬ fied, or revoked at any time. Effective date. This special order shall become effective on December 10, 1952. Harold Walsh, Regional Director, Office of Price Stabilization, Region XIII. December 9, 1952. c ... - ; . ■ • ' - . V i \ < ,r \ 1 -k ! • 'v • kl- S-', • ' l\ ■ • t. f | n , FILE following 81 Trans 34:113 (2-16-53) 81 Trans 34:115 S. 0.8 CPR 17. SEC. 11 (d) JANUARY 6. 1953 OFFICE OF PRICE STABILIZATION WASHINGTON ECONOMIC STABILIZATION AGENCY Office of Price Stabilization |Ceiling Price Regulation 17, Section 11 (d), Special Order No. 8| Washington ADJUSTMENT OF TANK WAGON CEILING PRICES OF FUEL OIL DISTRIBUTORS, EVER¬ ETT - MARYSVILLE - SNOHOMISH - ARLING¬ TON-MONROE AND STANWOOD MARKETING AREA Statement of considerations. This special order adjusts the ceiling prices for sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) by tank wagon distributors in the Everett- Marysville -Snohomish - Ar - lington-Monroe and Stanwood market¬ ing area. The Office of Price Stabilization was requested by distributors in the Everett- Marysville - Snohomish - Arlington - Monroe and Stanwood marketing area of the State of Washington to conduct a survey to determine whether increased costs have reduced the net margins in the area below a point sufficient to main¬ tain the level of earnings in the year end¬ ing May 31, 1950. The results of that survey show than an upward adjust¬ ment is necessary to bring earnings to that level. There are hundreds of heating oil sellers at the tank wagon level in this Region and the need for relief is not uni¬ form but varies from marketing area to marketing area. Thus it is concluded that the adjustment must be on a mar¬ keting area basis rather than on a region-wide basis. For the purpose of this special order the market area has been defined as the area of reseller com¬ petition, which is the same as the free delivery zones. The adjustment granted by this order does no more than bring earnings to the level of the year ending May 31, 1950. It is, therefore, consistent with the provisions of Section 11 (d) of Ceil¬ ing Price Regulation 17. Special provisions. For the reasons set forth in the Statement of Considera¬ tions and pursuant to the provisions of Section 11 (d) of Ceiling Price Regula¬ tion 17 and Delegation of Authority No. 72, it is ordered: 1. That the ceiling price of heating oil distributors in the Everett-Marysville- Snohomish-Arlington-Monroe and Stan¬ wood marketing area of the State of Washington for tank wagon sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) to consumers shall be increased by $0,002 per gallon. The Everett-Marysville- Snohomish-Arlington-Monroe and Stan¬ wood marketing area is defined as that area in which dealers located in the com¬ munities of Everett, Marysville, Sno¬ homish, Arlington, Monroe and ‘Stan¬ wood customarily make deliveries with¬ out an additional charge. 2. All provisions of Ceiling Price Reg¬ ulation 17, except as inconsistent with the provisions of this order shall remain in full force and effect as to the commod¬ ities covered by this order. 3. This order may be amended, mod¬ ified, or revoked at any time. Effective date. This special order shall become effective on January 7, 1953. Harold D. Walsh, Regional Director, Office of Price Stabilization Region XIII. January 6, 195C ■ ... x FILE following 81 Trans 34:115 (2-16-53) 81 Trans 34:117 S. 0.9 CPR 17, SEC. 11 (d) JANUARY 23, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON ECONOMIC STABILIZATION AGENCY • Office of Price Stabilization [Celling Price Regulation 17, Section 11(d), Special Order No. 9] Clatsop County, Oreg., Marketing Area ADJUSTMENT OF TANK WAGON CEILING PRICES Statement of consideration. This spe¬ cial order adjusts the ceiling prices for sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Flange Oil and Stove Oil) by tank wagon distributors in the Clatsop County, Oregon, marketing area. The Office of Price Stabilization was requested to conduct a survey to deter¬ mine whether increased costs have re¬ duced the net margins of heating oil dis¬ tributors in the Clatsop County, Oregon, marketing area below a point sufficient to maintain the level of earnings in the year ending May 31,1950. The results of that survey show that an upward ad¬ justment is necessary to bring earnings to that level. There is a large number of heating oil sellers at the tank wagon level in this region and the need for relief is not uni¬ form, but varies from marketing area to marketing area. Thus it is concluded that the adjustment must be on a mar¬ keting area basis, rather than on a re¬ gion-wide basis. For the purpose of this special order the market area has been defined as the area within the boundaries of Clatsop County, Oregon. The adjustment granted by this order does no more than bring earnings to the level of the year ending May 31, 1950. It is therefore consistent with the pro¬ visions of section 11 (d) of Ceiling Price Regulation 17. Special provisions. For the reasons set forth in the Statement of Considerations and pursuant to the provisions of section 11 (d) of Ceiling Ih-ice Regulation 17 and Delegation of Authority No. 72, It is ordered: 1. That the ceiling price of heating oil distributors in the Clatsop County, Ore¬ gon, marketing area for tank wagon sales of heating oils (Kerosene, No. 1 and 2 Oils, F\irnace Oil, Range Oil, and Stove Oil) to consumers shall be increased by $0,004 per gallon. The Clatsop County marketing area is defined as the area within the boundaries of Clatsop County, Oregon. 2. All provisions of Ceiling Price Regu¬ lation 17, except as inconsistent with the provisions of this order, shall remain in full force and effect as to the commod¬ ities covered by this order. 3. This order may be amended, modi¬ fied, or revoked at any time. Effective date. This special order shall become effective on January 24,1953. (s) Harold Walsh, Regional Director. Office of Price Stabilization. Region XIII. January 23, 1953. FILE following 81 Trans 34:117 (2-16-53) 81 Trans 34:119 OFFICE OF PRICE STABILIZATION WASHINGTON S. O. 10 CPR 17, SEC. 11 (d) JANUARY 23, 1953 ECONOMIC STABILIZATION AGENCY Office of Price Stabilization [Ceiling Price Regulation 17, Section 11 (d), Special Order No. 10] Cowlitz County, Wash., Marketing Area ADJUSTMENT OF TANK WAGON CEILING PRICES Statement of considerations. This special order adjusts the ceiling prices for sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) by tank wagon distributors in the Cowlitz County, Washington, mar¬ keting area. The Office of Price Stabilization was requested to conduct a survey to deter¬ mine whether increased costs have re¬ duced the net margins of heating oil distributors in the Cowlitz County, Washington, marketing area below a point sufficient to maintain the level of earnings in the year ending May 31, 1950. The results of that survey show that an upward adjustment is neces¬ sary to bring earnings to that level. There is a large number of heating oil sellers at the tank wagon level in this region and the need for relief is not uniform, but varies from marketing area to marketing area. Thus it is con¬ cluded that the adjustment must be on a marketing area basis, rather than on a region-wide basis. For the purpose of this special order the market area has been defined as the area within the boundaries of Cowlitz County, Washing¬ ton. The adjustment granted by this order does no more than bring earnings to the level of the year ending May 31, 1950. It is therefore consistent with the provi¬ sions of section 11 (d) of Ceiling Price Regulation 17. Special provisions. For the reasons set forth in the statement of considera¬ tions and pursuant to the provisions of section 11 (d) of Ceiling Price Regula¬ tion 17 and Delegation of Authority 72, It is ordered: 1. That the ceiling price of heating oil distributors in the Cowlitz County, Washington, marketing area for tank wagon sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) to consumers shall be increased by $0,004 per gallon. The Cowlitz County marketing area is de¬ fined as the area within the boundaries of Cowlitz County, Washington. 2. All provisions of Ceiling Price Regu¬ lation 17, except as inconsistent with the provisions of this order, shall remain in full force and effect as to the commodi¬ ties covered by this order. 3. This order may be amended, modi¬ fied or revoked at any time. Effective date. This special order shall become effective on January 24, 1953. Harold Walsh, Regional Director, Office of Price Stabilization Region XIII. January 23, 1953. ' •! • nci' \ jt . T -i t> '*» ' • • ' 1 ■i ... 'V,V . i. .- - > • ■ J . Si- iiO .1 . . ,. -I 14 * v : !• ■ - • ■: ■ ■ FILE following 81 Trans 34:119 (2-16-53) 81 Trans 34:121 S.0.11 CPR 17, SEC. 11 (d) JANUARY 26, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON ECONOMIC STABILIZATION AGENCY Office of Price Stabilization [Ceiling Price Regulation 17, Section 11 (d), Special Order No. 11] Linn County, Oregon, Marketing Area ADJUSTMENT OF TANK WAGON CEILING PRICES Statement of Considerations. This special order adjusts the ceiling prices for sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil, and Stove Oil) by tank wagon distributors in the Linn County, Oregon, marketing area. The Office of Price Stabilization was requested to conduct a survey to deter¬ mine whether increased costs have re¬ duced the net margins of heating oil dis¬ tributors in the Linn County, Oregon, marketing area below a point sufficient to maintain the level of earnings in the year ending May 31, 1950. The results of that survey show that an upward ad¬ justment is necessary to bring earnings to that level. There is a large number of heating oil sellers at the tank wagon level in this region and the need for relief is not uniform, but varies from marketing area to marketing area. Thus it is concluded that the adjustment must be on a mar¬ keting area basis, rather than on a region-wide basis. For the purpose of this special order the market area has been defined as the area within the boundaries of Linn County, Oregon. The adjustment granted by this or¬ der does no more than bring earnings to the level of the year ending May 31, 1950. It is therefore consistent with the provisions of Section 11 (d) of Ceiling Price Regulation 17. Special provisions. For the reasons set forth in the Statement of Considerations and pursuant to the provisions of section 11 (d) of Ceiling Price Regulation 17 and Delegation of Authority 72, it is ordered: 1. That the ceiling price of heating oil distributors in the Linn County, Oregon, marketing area for tank wagon sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) to consumers shall be increased by $0,004 per gallon. The Linn County mar¬ keting area is defined as the area within the boundaries of Linn County, Oregon. 2. All provisions of Ceiling Price Reg¬ ulation 17, except as inconsistent with the provisions of this order, shall remain in full force and effect as to the com¬ modities covered by this order. 3. This order may be amended, modi¬ fied, or revoked at any time. Effective date. This special order shall become effective on January 27, 1953. E. R. This sen, Acting Regional Director, Office of Price Stabilization, Region XIII. January 26, 1953. ■ r&fe \ . to i ■■ ‘ I v 0> !' ' * *© FILE following 81 Trans 34:121 (2-16-53) 81 Trans 34:123 S. O. 12 CPR 17, SEC. 11 (d) JANUARY 26, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON ECONOMIC STABILIZATION AGENCY Office of Price Stabilization [Celling Price Regulation 17, Section 11 (d), Special Order No. 12] Wenatchee-Leavenworth and Cashmere, Washington Marketing Area ADJUSTMENT OF TANK WAGON CEILING PRICES Statement of considerations. This special order adjusts the ceiling prices for sales of heating oils (Kerosene No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) by tank wagon distributors in the Wenatchee-Leavenworth and Cash- mere, Washington Marketing Area. The Office of Price Stabilization was requested by distributors in the Wenat¬ chee-Leavenworth and Cashmere, Wash¬ ington marketing area to conduct a sur¬ vey to determine whether increased costs have reduced the net margins in the area below a point sufficient to maintain the level of earnings in the year ending May 31, 1950. The results of that survey show that an upward adjustment is necessary to bring earnings to that level. There are hundreds of heating oil sell¬ ers at the tank wagon level in this Re¬ gion and the need for relief is not uni¬ form but varies from marketing area to marketing area. Thus it is concluded that the adjustment must be on a mar¬ keting area basis rather than on a re¬ gion-wide basis. For the purpose of this special order the market area has been defined as the area of reseller competi¬ tion, which is the same as the free de¬ livery zones. The adjustment granted by this order does no more than bring earnings to the level of the year ending May 31, 1950. It is, therefore,'consistent with the pro¬ visions of section 11 . ji- . m , /. • ... VT: •" « *■- n >. > ■ - ' r ’ ttliO • 1 ■ • . >j ■ " : 1 : ■ . . : ■ 4 • • • •• • • * . ■ -• - - • '->! ' f :■ * • » : : - . ■ ■**' =>h VjV ' i . } t. ' » ■ • ' FILE following 81 Trans 34:123 (2-16-53) 81 Trans 34:125 S. O. 13 CPR 17, SEC. 11 (d) JANUARY 26, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON ECONOMIC STABILIZATION AGENCY Office of Price Stabilization |Ceiling Price Regulation 17, Section 11 (d). Special Order No. 13) Jackson County, Oregon, Marketing Area ADJUSTMENT OF TANK WAGON CEILING PRICES Statement of considerations. This special order adjusts the ceiling prices for sales of heating oils (Kerosene No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) by tank wagon distributors in the Jackson County, Oregon, market¬ ing area. The Office of Price Stabilization was requested to conduct a survey to deter¬ mine whether increased costs have re¬ duced the net margins of heating oil distributors in the Jackson County, Oregon, marketing area below a point sufficient to maintain the level of earn¬ ings in the year ending May 31, 1950. The results of that survey show that an upward adjustment is necessary to bring earnings to that level. There is a large number of heating oil sellers at the tank wagon level in this region and the need for relief is not uni¬ form, bait varies from marketing area to marketing area. Thus it is concluded that the adjustment must be on a mar¬ keting area basis, rather than on a region-wide basis. For the purpose of this special order the market area has been defined as the area within the boundaries of Jackson County, Oregon. The adjustment granted by this order does no more than bring earnings to the level of the year ending May 31, 1950. It is therefore consistent with the pro¬ visions of section 11 (d) of Ceiling Price Regulation 17. Special provisions. For the reasons set forth in the Statement of Considera¬ tions and pursuant to the provisions of Section 11 (d) of Ceiling Price Regula¬ tion 17 and Delegation of Authority 72, it is ordered: 1. That the ceiling price of heating oil distributors in the Jackson County, Oregon, marketing area for tank wagon sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) to consumers shall be increased by $0,004 per gallon. The Jackson County marketing area is defined as the area within the boundaries of Jackson County, Oregon. 2. All provisions of Ceiling Price Reg¬ ulation 17, except as inconsistent with the provisions of this Order, shall remain in full force and effect as to the com¬ modities covered by this Order. 3. This Order may be amended, modi¬ fied, or revoked at any time. Effective date. This special order shall become effective on January 27, 1953. E. R. Thissen, Acting Regional Director, Office of Price Stabilization, Region XIII. January 26, 1953. ~ IT - FILE following 81 Trans 34:125 (2-16-53) 81 Trans 34:127 S. O. 14 CPR 17, SEC. 11 (d) JANUARY 29, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON ECONOMIC STABILIZATION AGENCY Office of Price Stabilization [Ceiling Price Regulation 17, Section 11 id), Special Order No. 14 ] Josephine County, Oregon, Marketing Area adjustment of tank wagon ceiling PRICES OF FUEL OIL DISTRIBUTORS Statement of considerations. This special order adjusts the ceiling prices for sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) by tank wagon distributors in the Josephine County, Oregon, Mar¬ keting Area. The Office of Price Stabilization was requested by distributors in the Jose¬ phine County, Oregon, Marketing Area to conduct a survey to determine whether increased costs have reduced the net margins in the area below a point sufficient to maintain the level of earnings in the year ending May 31, 1950. The results of that survey show that an upward adjustment is necessary to bring earnings to that level. There is a large number of heating oil sellers at the tank wagon level in this region and the need for relief is not uni¬ form, but varies from marketing area to marketing area. Thus it is concluded that the adjustment must be on a mar¬ keting area basis, rather than on a region-wide basis. For the purpose of this special order the market area has been defined as the area within the boundaries of Josephine County, Oregon. The adjustment granted by this order does no more than bring earnings to the level of the year ending May 31, 1950. It is therefore, consistent with the provisions of section 11 1(. 1 i . - t • I- • v. . - • ' • : !>.' hi? -nj ;av: v. c •• >? r» ■ ■ . • .i - . n - : .A:- '{ . FILE following 81 Trans 34:127 (2-16-53) 81 Trans 34:129 S. 0.15 CPR 17, SEC. 11 (d) JANUARY 29. 1953 OFFICE OF PRICE STABILIZATION WASHINGTON ECONOMIC STABILIZATION AGENCY Office of Price Stabilization [Celling Price Regulation 17, Section 11 (d), Special Order No. 15] Walla Walla, Washington, Marketing Area ADJUSTMENT OF TANK WAGON CEILING PRICES OF FUEL OIL DISTRIBUTORS Statement of considerations. This special order adjusts the ceiling prices for sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) by tank wagon distributors in the Walla Walla Marketing Area. The Office of Price Stabilization was requested by distributors in the Walla Walla Marketing Area to conduct a sur¬ vey to determine whether increased costs have reduced the net margins in the area below a point sufficient to maintain the level of earnings in the year ending May 31, 1950. The results of that sur¬ vey show that an upward adjustment is necessary to bring earnings to that level. There are hundreds of heating oil sellers at the tank wagon level in this Region and the need for relief is not uniform but varies from marketing area to marketing area. Thus it is con¬ cluded that the adjustment must be on a marketing area basis rather than on a region-wide basis. For the purpose of this special order the market area has been defined as the area of reseller com¬ petition, which is the same as the free delivery zones. The adjustment granted by this order does no more than bring earnings to the level of the year ending May 31, 1950. It is, therefore, consistent with the pro¬ visions of section 11 (d) of Ceiling Price Regulation 17. Special provisions. For the reasons set forth in the Statement of Consider¬ ations and pursuant to the provisions of section 11 (d) of Ceiling Price Regula¬ tion 17 and Delegation of Authority No. 72, it is ordered: 1. That the ceiling price of heating oil distributors in the Walla Walla mar¬ keting area for tank wagon sales of heat¬ ing oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) to consumers shall be increased by $0,005 per gallon. The Walla Walla marketing area is defined as the area in which dealers located in Walla Walla and College Place make deliveries with¬ out an additional charge. 2. All provisions of Ceiling Price Reg¬ ulation 17, except as inconsistent with the provisions of this order shall remain in full force and effect as to the com¬ modities covered by this order. 3. This order may be amended, modi¬ fied, or revoked at any time. Effective date. This special order shall become effective on January 30, 1953. E. R. This sen, Acting Regional Director, Region XIII, Office of Price Stabilization. January 29, 1953. i a '■ o FILE following 81 Trans 34:129 (2-16-53) 81 Trans 34:131 S. O. 16 CPR 17, SEC. 11 (d) JANUARY 29, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON ECONOMIC STABILIZATION AGENCY Office of Price Stabilization |Ceiling Frice Regulation 17, Section 11 (d), Special Order No. 161 Yakima, Washington, Marketing Area ADJUSTMENT OF TANK WAGON CEILING PRICES OF FUEL OIL DISTRIBUTORS Statement of considerations. This special order adjusts the ceiling prices for saleS of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) by tank wagon distributors in the Yakima marketing area. The Office of Price Stabilization was requested by distributors in the Yakima marketing area to conduct a survey to determine whether increased costs have reduced the net margins in the area be¬ low a point sufficient to maintain the level of earnings in the year ending May 31, 1950. The results of that survey show that an upward adjustment is nec¬ essary to bring earnings to that level. There are hundreds of heating oil sell¬ ers at the tank wagon level in this Region and the need for relief is not uniform but varies from marketing area to mar¬ keting area. Thus it is concluded that the adjustment must be on a marketing area basis rather than on a region-wide basis. For the purpose of this special order the market area has been defined as the area of reseller competition, which is the same as the free delivery zones. The adjustment granted by this order does no more than bring earnings to the level of the year ending May 31, 1950. It is, therefore, consistent with the provi¬ sions of section 11 of Ceiling Price Regulation 17. Special provisions. For the reasons set forth in the Statement of Considerations and pursuant to the provisions of section 11 of Ceiling Price Regulation 17 and Delegation of Authority No. 72, It is ordered: 1. That the ceilii g price of heating oil distributors in the Yakima market¬ ing area for tank wagon sales of heat¬ ing oils (Kerosene, No. 1 and 2 Oils, Fur¬ nace Oil, Range Oil and Stove Oil) to consumers shall be increased by $0,004 per gallon. The Yakima marketing area is defined as that area in which dealers located in Yakima, Union Gap, and Se- lah make deliveries without an addi¬ tional charge. 2. All provisions of Ceiling Price Reg¬ ulation 17, except as inconsistent with the provisions of this order shall remain in full force and effect as to the com¬ modities covered by this order. 3. This order may be amended, modi¬ fied, or revoked at any time. Effective date. This special order shall become effective on January 30, 1953. E. R. Thissen, Acting Regional Director, Region XIII, Office of Price Stabilization. January 29, 1S53. . *■ '■■-I • * ■ j rittfiQj * ! ■'•■■■ » . ; ' ■ .... - . ' FILE following 81 Trans 34:131 (2-16-53) 81 Trans 34:133 s. O. 17 CPR 17, SEC. 11 FEBRUARY 6, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON ECONOMIC STABILIZATION AGENCY Office of Price Stabilization |Celling Price Regulation 17, Section 11 (d), Special Order No. 17) Spokane, Washington, Marketing Area ADJUSTMENT OF TANK WAGON CEILING PRICES OF FUEL OIL DISTRIBUTORS Statement of considerations. This special order adjusts the ceiling prices for sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) by tank wagon distributors in the Spokane, Washington, Marketing Area. The Office of Price Stabilization was requested by distributors in the Spokane, Washington, marketing area to conduct a survey to determine whether increased costs have reduced the net margins in the area below a point sufficient to main¬ tain the level of earnings in the year ending May 31, 1950. The results of that survey show that an upward ad¬ justment is necessary to bring earnings to that level. There are hundreds of heating oil sell¬ ers at the tank wagon level in this Region and the need for relief is not uniform but varies from marketing area to mar¬ keting area. Thus it is concluded that the adjustment must be on a marketing area basis rather than on a region-wide basis. For the purpose of this special order the market area has been defined as the area of reseller competition, which is the same as the free delivery zones. The adjustment granted by this order does no more than bring earnings to the level of the year ending May 31, 1950. It is therefore, consistent with the provi¬ sions of section 11 (d) of Ceiling Price Regulation 17. Special provisions. For the reasons set forth in the Statement of Considera¬ tions and pursuant to the provisions of Section 11 (d) of Ceiling Price Regula¬ tion 17 and Delegation of Authority No. 72, it is ordered: 1. That the ceiling price of heating oil distributors in the Spokane marketing area for tank wagon sales of heating oils (Kerosene, No. 1 and 2 Oils, Furnace Oil, Range Oil and Stove Oil) to consumers shall be increased by $0.0003 per gallon. The Spokane marketing area is defined as that area surrounded by the cities and towns of Spokane, Deepcreek, Denison, Chattaroy, Four Lakes and Mica, to¬ gether with the immediately adjacent areas in which dealers in the named cities and towns make deliveries without additional charge. 2. All provisions of Ceiling Price Reg¬ ulation 17, except as inconsistent with the provisions of this order, shall remain in full force and effect as to the com¬ modities covered by this order. 3. This order may be amended, modi¬ fied, or revoked at any time. Effective date. This special order shall become effective on February 7, 1953. Muriel Mawer, Acting Regional Director, Re¬ gion XIII, Office of Price Stabilization. February 6, 1953. c . •' * )i^0 ■ , FILE following 81 Trans 34:C13 (10-17-52) 81 Trans 34:215.1 INTERPRETATIONS CPR 17, Sec. 15 EVASION Contract deferring payment of overcharge until after termination of price controls An agreement between a producer and a buyer of natural gas provides that upon the expiration or repeal of price stabilization the seller's prices shall be increased, to the extent that such can be done lawfully, to make up any price decrease which he has been forced to take under price regulation. Any agreement to buy or sell at more than the ceiling price is prohibited by Section 15 of CPR 17. The agreement provides that the buyer shall ultimately pay the contract rate for all deliveries. If at any time the ceiling price is lower than the contract rate, the buyer agrees, subject to this arrangement being lawful, to pay the ceiling price at the time of delivery and the balance of the price, computed at the contract rate, in installments after price control has ended. This agreement falls squarely within the prohibitions of Section 15 even though payment of that part of the price which would be over ceiling is deferred until after the termination of price controls. Accordingly, it is to be concluded that the provisions calling for increased pay¬ ments by the buyer after price control has ended are unlawful. (4-1-52 No. 36) :-\ VO ■■■vc *«# •' ’ airfl' ■ ’ FILE following 81 Trans 34:215.1 (11-4-52) 81 Trans 34:225.1 INTERPRETATIONS CPR 17, Sec. 25 "UNREGULATED” COMMON CARRIER 1. Status as common carrier unaffected 2. Increases "permitted" when rates are exempt The questions posed are: "Does the fact that a common carrier is exempt from Interstate Commerce Commission regulations with respect to its hauling of bulk petroleum, change its status as a common carrier with respect to such hauling? "If the answer to question one is no, does the fact that the common carrier is exempt from Interstate Commerce Commission regulations wixh respect to hauling bulk petroleum mean that its rate increase of March 5, 1951, was "permitted by a federal or state regulatory body" so that the ship¬ per may pass on the increase to its distributors pursuant to Sec. 25 (a)(1) of CPR 17?" The exemption from Interstate Commerce Commission rate regulation does not change the status of a common carrier. This carrier's operations as described were those of an "unregulated" common carrier. It was questioned whether the use of the word "permitted" in Sec. 25 of CPR 17 contemplates some affirmative action rate-wise on the part of OPS or a federal or dtate regulatory body, and does not refer to the failure or legal incapacity of these bodies to exercise authority. This is too strict a reading of the section. The intent of Sec. 25 was to recognize valid rate increases. The statute itself in effect validates rate increases by "unregulated" common carriers inasmuch as it denies OPS the power to control them. Sec. 14(f) of the GCPR does the same thing, and this, of course, is undeniably an action by OPS. (11-29-51 No. 12) as: a£ Vt "TD « ' 9:tW "h-. : 1 .. . . __ ... — v FILE following 81 Trans 34:16 (7-24-51) 81 Trans 34:301 Ceiling Price Regulation 17 Supplementary Regulation 1 JULY 26, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON Sales of Gasoline in Certain Areas of California TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 17, Supplementary Regulation 1] CPR 17— Gasolines, Naphthas, Fuel Oils and Liquefied Petroleum Prod¬ ucts SR 1-SALES OF GASOLINE IN CERTAIN AREAS • OF CALIFORNIA Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended, Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Supplementary Regulation 1 to Ceiling Price Regulation 17 (16 F. R. 2626) is hereby issued. STATEMENT OF CONSIDERATIONS This supplementary regulation to Ceiling Price Regulation 17 establishes dollars-and-cents prices for tank wagon and “rack” sales of automotive gasoline in the Los Angeles Basin area of the State of California. The prices normally charged by wholesalers of motor gasoline in this area for tank wagon sales have been at substantially uniform prices for several years antedating the issuance of Ceiling Price Regulation 17. Similarly, there is a substantial volume of auto¬ motive gasoline sold at the refineries or refinery facilities at a customary dif¬ ferential below the prevailing tank wagon price for the area involved. For convenience in terminology, this type of discount transaction is referred to as the sale of “rack gasoline” or “rack price gasoline.” This gasoline is sold either f. o. b. the refinery with transportation provided by the ultimate consumer or buyer, or is sold on a delivered-at-desti- nation basis which consists of the “rack price” plus customary transportation charges. Examination of prices on “rack trans¬ actions” back to 1948 shows that the cus¬ tomary level has been from 2.00 to 2.70 per gallon below the prevailing tank wagon price in each area involved, and that the weighted average discount has been 2.5c* per gallon off tank wagon. However, the retail price war which broke out in Los Angeles basin early in 1950 caused "rack prices” also to weaken, and the Office of Price Stabili¬ zation regulations froze these “rack prices” at 30 to 3 below tank wagon ceiling prices. Thus the discounts on “rack prices,” as frozen into the area price structure, are from l / 2 <* to 1.00 per gallon below the normal differentials. It is the purpose of this supplementary regulation to restore the customary dif¬ ferential between the tank wagon price and the “rack price” in order to relieve the sellers who how have their ceilings frozen at abnormally low levels. The ceiling price relief to be afforded by this supplementary regulation is essential to the maintenance of gasoline supplies through customary channels of distribution. With the depletion of gas¬ oline inventories in late 1950 and early 1951 and the resultant tight supply situa¬ tion on gasoline currently existing in the Pacific Coast, many re-sellers of gasoline are having extreme difficulty in securing their requirements of the product. The customary pricing practice on the Pacific Coast is to relate prices for de¬ liveries other than by tank wagon in terms of discounts or premiums over or under the tank wagon price. It is, there¬ fore, essential to establish, coincident with the restoration of the normal differ¬ ential for “rack” transactions, the pre¬ vailing tank wagon price in the area in¬ volved as the ceiling price. Evidence is on file to show that the posted tank wagon price of sellers in this area is the prevailing price and, because of the ex¬ istence of uniform prices, the establish¬ ment of dollars and cents prices is facili¬ tated. The tank wagon prices which are spelled out by this supplementary regu¬ lation were in effect in the latter part of 1950, and are regarded by the Pacific Coast Industry Advisory Committee as fair and equitable. Moreover, the estab¬ lishment of dollars and cents ceiling prices for tank wagon deliveries is in ac¬ cordance with the announced policy of this agency to establish specific ceiling prices, which situation is desirable from the standpoint of the consuming public, sellers, and the government. FINDINGS OF THE DIRECTOR OF PRICE STABILIZATION In the judgment of the Director of Price Stabilization, the prices estab¬ lished by this supplementary regulation are at the minimum levels which will permit the continued supply of gasoline, are generally fair and equitable, and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Applicability of supplementary regula¬ tion. 2. Definitions. 3. Ceiling prices for tank wagon deliveries in the Los Angeles basin. 4. Rack gasoline. Authority: Sections 1 to 4 issued under sec. 704, Pub. Law 774, 81st Cong. Interpret or apply Title IV, Pub. Law 774, 81st Cong., Ex¬ ecutive Order 10161. September 9, 1950, F. R. 6105; 3 CFR, 1950 Supp. Section 1. Applicability of supple¬ mentary regulation. This supplemen¬ tary regulation sets specific prices for tank wagon sales of regular, automo¬ tive and marine gasoline in the Los Angeles basin area, and sets a specific 2.50 differential in sales of “rack gaso¬ line.” Sec. 2. Definitions. When used in the supplementary regulation, the term “Los Angeles basin” means that area enclosed by a line beginning at the southerly lim¬ its of Laguna Beach, extending north to Irvine, thence northerly to base of Sierra Madre mountains at Altadena, thence along Foothill Boulevard to intersection of San Fernando Road and Foothill Boulevard, including the site of the New- hall Refinery, thence southwesterly to north boundary of Malibu Beach and Pacific Ocean, thence southeasterly along shoreline of Pacific Ocean to point of commencement. Sec. 3. Ceiling prices for tank wagon deliveries in the Los Angeles basin, (a) Ceiling prices for tank wagon deliver¬ ies in the Los Angeles basin area for reg¬ ular grade gasoline are hereby estab¬ lished as follows: Ceiling Prices Per Gallon Quantity of gasoline per delivery: Cents 40 to 199 gallons_21. 0 200 to 399 gallons_20. 5 400 and over gallons_20. 0 (b) Premium grade gasoline in the aforementioned area shall be the price for regular grade gasoline as listed in paragraph (a) of this section, plus each seller’s customary differential between regular and premium grade gasolines delivered by tank wagon. (c) Third grade gasoline in the afore¬ said area shall be the price for regular grade gasoline as listed in paragraph (a) of this section, minus each seller’s customary differential between regular and third grade gasolines delivered by tank wagon. Sec. 4. Rack gasoline. The ceiling price for regular grade gasoline f.o.b. re¬ fineries or refinery facilities to that class of purchaser buying “rack price gaso¬ line” in the Los Angeles basin shall be 2.50 per gallon below the specified tank wagon ceiling price for quantities as es¬ tablished in section 3 of this regulation. For “delivery-at-destination” sales of rack price gasoline there may be added to the f.o.b. refineries ceiling prices es¬ tablished by this section the seller’s cus¬ tomary transportation charge. For premium grades of gasoline, the seller’s customary wholesale differential between regular and premium grades may be ad¬ ded. For third grade gasoline the seller’s customary wholesale differential between regular and third grade gasoline shall be deducted.' Effective date. This supplementary regulation shall become effective on the 31st day of July, 1951. Michael V. DiSalle, Director of Price Stabilization. July 26, 1951. . • " ... - A 1 • - * ■ ■ . - . ■ > » , i. 9. J » . . ~ \ . * - • v. . ■ ■ 1 ■ ( > .... . r • V „ • *.(■■■ ■' ' ■ ( \ / , i' ' - ■ ■ : ; *: • ■ FILE following 81 Trans 34:301 (1-2-52) 81 Trans 34:303 Resellers of Los Angeles "Rack Price Gasoline” Outside Los Angeles Basin Ceiling Price Regulation 17 Supplementary Regulation 1 Amendment 1 DEC. 29, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A-—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 17, Arndt. 1 to Supplementary Regulation 1] CPR 17— Gasoline, Napthas, Fuel Oils and Liquefied Petroleum Gases, Nat¬ ural Gas, Petroleum Gas, Casinghead Gas and Refinery Gas SR 1— Sales of Gasoline in Certain Areas of California RESELLERS OF LOS ANGELES “RACK PRICE GASOLINE” OUTSIDE LOS ANGELES BASIN Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended. Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 1 to Supplemen¬ tary Regulation 1 to Ceiling Price Regu¬ lation 17 is hereby issued. STATEMENT OF CONSIDERATIONS The purpose of Supplementary Regu¬ lation 1 to Ceiling Price Regulation 17 was to rectify an unsatisfactory ceiling price situation in the Los Angeles Basin which had resulted from a prolonged price war that was terminating during the base period. The supplementary regulation confined its coverage to a spe¬ cific geographical area. In doing so it failed to take into account a small per¬ centage of "rack price gasoline”, which is purchased at the rack in the Los Ange¬ les Basin area, and then transported out¬ side that area for sale either directly to retailers at service stations, or to bulk plants for resale to retail outlets. To prevent ceiling prices from creating an economic situation which would dis¬ rupt normal supplies of gasoline, Sup¬ plementary Regulation 1 established the differential between the tank wagon price on deliveries in the Los Angeles Basin area and the rack price at 2.5 Sellers of products covered by this supplementary regulation whose ceiling price has been established by other ceil¬ ing price regulations heretofore issued may continue to use such established ceiling prices. Sec. 3. Records. Sellers covered by this regulation must maintain records in accordance with the record-keeping pro¬ visions of Ceiling Price Regulation 17, and in addition must maintain records indicating the selling price of December 13, 1950, or if no sale was made on that date the selling price on the nearest date prior thereto that a sale was made. Such records must be kept available for in¬ spection by the Director of Price Stabil¬ ization or his designated agent for a pe¬ riod of two years. Effective date. This supplementary regulation shall become effective October 30, 1951. Note: The record-keeping requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Michael V. DiSalle. Director, Office of Price Stabilization. October 25. 1951. FILE following 81 Trans 34:502 (11-20-51) 81 Trans 34:601 Certain Petroleum Products in the Greater Boston Area Ceiling Price Regulation 17 Supplementary Regulation 4 NOV. 20, 1951 OFFICE OF PRICE STABILIZATION TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 17, Supplementary Regulation 4] , CPR 17— Gasolines, Naphthas, Fuel Oils and Liquefied Petroleum Prod¬ ucts, Natural Gas, Petroleum Gas, Casinghead Gas and Refinery Gas SR 4—SALES OF CERTAIN PETROLEUM PROD¬ UCTS IN THE GREATER BOSTON AREA Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 P. R. 738), this Supplementary Regulation No. 4 to Ceiling Price Regula¬ tion 17 (16 P. R. 3033), is hereby issued. STATEMENT OF CONSIDERATIONS In the Statement of Considerations of Ceiling Price Regulation 17 there is a stipulation that “it is the intention of the Director of Price Stabilization to estab¬ lish specific area price ceilings for as many of these (petroleum) products as is feasible.” The present supplementary regulation is designed to carry out the Director’s intention in one locality—the Greater Boston (Massachusetts) area— by spelling out specific ceiling prices in cents per gallon for Range Oil, No. 1 Fuel Oil, Kerosene and Nos. 2, 3 and 4 Distillate Fuel Oil at (1) refineries and tanker terminals, (2) terminals other than tanker or barge terminals, (3) jobbers’ barge terminals, (4) jobbers’ bulk plants, and (5) delivered in tank wagons. As a prerequisite to a spell-out of prices in that area the Boston Regional Office has completed a survey which in¬ cluded consulting with all segments of industry, and has proposed appropriate price action. This supplementary regu¬ lation, embodying the proposals, does not contain any basic price changes. A fractional upward adjustment of tank wagon delivery pric?s and of prices at certain primary inland terminals and jobbers’ bulk plants is incorporated in the spelled out prices to include increases in costs of transportation as permitted by the Massachusetts Department of Public Utilities subsequent to January 25, 1951. Transportation cost increases have averaged about .08 of a cent per gallon, but in no case has this cost in¬ creased by more than A of a cent per gallon. To conform with the customary pricing practice in the Greater Boston Area of adjusting prices by tenths of a cent, and to provide uniformity through¬ out the area, one-tenth of a cent has been added to the base period tank wagon ceiling prices. In the case of in¬ land terminals and jobbers' barge termi- WASHINGTON nals or bulk plants one-twentieth of a cent has been added to cover the addi¬ tional transportation costs to those points. FINDINGS OF THE DIRECTOR OF PRICE CTi.BILIZATION In the judgment of the Director of Price Stabilization the specific ceiling prices established by this supplementary regulation are generally fair and equi¬ table and are necessary to effectuate the purposes of Title IV of the Defense Pro¬ duction Act of 1950, as amended. AMENDATORY PROVISIONS Sec. 1. Applicability of supplementary regulation. 2. Definitions. 3. Specific prices In the Greater Boston Area. 4. Applicability of CPR 17 provisions. Authority : Sections 1 to 4 Issued under sec. 704, 64 Stat. 816, as ahaended, Pub. Law 96, 82d Cong; 50 U. S. C. App. Sup. 2164. Interpret or apply Title IV, 64 Stat. 803, Pub. Law 96, 82d Cong.; 50 U. S. C. App. Sup. 2101-2110. E. O. 10161, Sept. 9, 1950, 15 F. R. 6105, 3 CFR, 1950 Supp. Section 1. Applicability of supple¬ mentary regulation. This supplemen¬ tary regulation sets specific ceiling prices (in the Greater Boston Area of Massa¬ chusetts) in cents per gallon for Range Oil, No. 1 Fuel Oil, Kerosene, and Nos. 2, 3, and 4 Distillate Fuel Oil at refineries, the primary terminals, and jobbers’ barge terminals, the jobbers’ bulk plants and delivered in tank wagons. These ceiling prices shall apply notwithstand¬ ing the pricing provisions of Ceiling Price Regulation 17. Sec. 2. Definitions, (a) A barge ter¬ minal reseller means a barge buyer who purchases petroleum products for trans¬ portation to a water-way terminal for storage and resale. (b) A tank car buyer is one to whom a specific seller or group of sellers has customarily and regularly sold on the basis of the tank car price. (c) A tank wagon rack buyer is one who purchases at the rack in tank wagon lots and who has customarily and gen¬ erally bought at a differential under the tank tfragon price. (d) The Greater Boston Area of Massachusetts means that area con¬ tained in the corporate limits of the fol¬ lowing Massachusetts cities and towns: Arlington, Bedford, Belmont, Boston (including Allston, Brighton, Charles¬ town, Dorchester, East Boston, Forest Hills, Hyde Park, Jamaica Plain, Matta- pan, Roslindale, Roxbury, South Boston, West Roxbury). Braintree, Brookline, Burlington, Cambridge, Canton, Chelsea, Cohasset, Dedham, Dover, Hingham, Hull, Lexington, Lincoln, Malden, Med¬ ford, Melrose, Milton, Needham, Newton, Quincy, Reading, Revere, Somerville, Stoneham, Wakefield, Waltham, Water- town, Wellesley, Weston, Westwood, Weymouth, Winchester, Winthrop, and Woburn. Sec. 3. Specific prices in the Greater Boston Area. The ceiling prices for sales and deliveries in the Greater Boston Area of Massachusetts for the petroleum products for the type of sale and to the class of purchasers as set forth below shall be as follows: Type of sale Range oil, No. 1 fuel oil, kero¬ sene Nos. 2, 3, and 4 dis¬ tillate fuel oil Sales at reftneries-tanker ternii- Cents per Cents per nals: gallon gallon " To barge terminal resellers.. 10.05 9.05 To baree buyers.. 10.20 9.20 To tank car buyers_ 10.30 9.30 To tank wagon rack buyers. 10.90 9.90 Where a seller at the refinery or tanker terminal level customarily sold to a barge terminal reseller or barge buyer at the tank car price during the base period, such seller may continue such practice. Type of sale Range oil, No. 1 fuel oil, kero¬ sene Nos. 2,3, and 4 distil¬ late fuel oil Sales at primary terminals other than Cent* Cents tanker terminals: per per Pipeline and barge: To tank car gallon gallon buyers... 10.40 9.40 Other inland: To tank car buyers- 10. 45 9. 45 To tank wagon rack buyers- Sales at jobbers' barge terminals: 10.05 9.95 To tank wagon rack buyers .. Sales at jobbers’ bulk plants: 10.95 9.95 To tank wagon rack buyers- 11.*15 10.15 Delivered in tank wagons- 14.6 12.6 Seller may add his customary price differentials on hose deliveries of range oil. No. 1 fuel oil, kerosene for quantities of less than 100 gallons, with maximum price of_ 15.6 18.1 Sec. 4. Applicability of CPR 17 provi¬ sions. (a) Sellers covered by this sup¬ plementary regulation shall remain sub¬ ject to all the provisions of Ceiling Price Regulation 17 except such provisions as are inconsistent herewith, and except the provisions of sections 25 and 26 thereof. (b) Sellers covered by this supple¬ mentary regulation must maintain cus¬ tomary discounts and allowances based upon terms and conditions of sale. Effective date. This supplementary regulation shall become effective Novem¬ ber 26, 1951. Michael V. DiSalle, Director, Office of Price Stabilization. November 20, 1951. ' . 1 • ' ' * *'■>«! . ■ . , ' FILE following 81 Trans 34:601 (1-7-52) 81 Trans 34:603 Inclusion of the City of Everett, Massachusetts Ceiling Price Regulation 17 Supplementary Regulation 4 Amendment 1 JAN. 7, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office* of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 17, Arndt. 1 to Supplementary Regulation 4] CPR 17 —Gasolines, Naphthas, Fuel Oils and Liquefied Petroleum Products, Natural Gas, Petroleum Gas, Casing¬ head Gas, and Refinery Gas SR 4-SALES OF CERTAIN PETROLEUM PROD¬ UCTS IN THE GREATER BOSTON AREA, IN- • CLUSION OF CITY OF EVERETT, MASS. Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 1 to Supplementary Regulation 4 to Ceiling Price Regulation 17 (16 F. R. 3033), is hereby issued. STATEMENT OF CONSIDERATIONS Section 2 (d) of Supplementary Regu¬ lation 4 defines the Greater Boston Area of Massachusetts by listing the Mas¬ sachusetts cities and towns in whose corporate limits the supplementary reg¬ ulation is applicable. Unintentionally the city of Everett was omitted from that list. As the city of Everett was considered in the survey made by the Boston Re¬ gional Office of the Office of Price Sta¬ bilization, and included in the discussion at conferences held by the Boston Re¬ gional Office with the segments of the petroleum industry involved, no further industrial advisory committee confer¬ ences were held prior to the issuance of this amendment. FINDINGS OF THE DIRECTOR OF PRICE STABILIZATION In the judgment of the Director of Price Stabilization the specific ceiling prices established by Supplementary Regulation 4 are generally fair and equi¬ table when applied to the city of Everett and are necessary to effectuate the pro¬ visions of Title IV of the Defense Pro¬ duction Act of 1950, as amended. AMENDATORY PROVISIONS Supplementary Regulation 4 to Ceil¬ ing Price Regulation 17 is amended by including in section 2 (d) thereof be¬ tween the words “Dover,” and “Hing- ham” the following: Everett, (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) This amendment shall become effec¬ tive January 12, 1952. Edward F. Phelps, Jr. Acting Director, Office of Price Stabilization. January 7, 1952. - «; FILE following 81 Trans 34:603 (2-21-52) 81 Trans 34:701 Navy Special Fuel Oil Ceiling Price Regulation 17 Supplementary Regulation 5 FEB. 15, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 17, Supplementary Regulation 5] CPR 17— Gasolines, Naphthas, Fuel Oils and Liquefied Petroleum Prod¬ ucts, Natural Gas, Petroleum Gas, Casinghead Gas and Refinery Gas SR 5—SPECIFIC CEILING PRICES FOR NAVY SPECIAL FUEL OIL Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency Order No. 2, this Supplementary Regulation No. 5 to Ceiling Price Regulation 17 (16 F. R. 3033), is hereby issued. STATEMENT OF CONSIDERATIONS The purpose of this Supplementary Regulation 5 to CPR 17 is to establish a generally fair and equitable ceiling price for the sale or delivery of Navy Special Fuel Oil by Gulf, East and West Coast refiners. The demand for this fuel has increased substantially since the out¬ break of war in Korea and with the expansion of our Naval activities inci¬ dent to the present defense effort. Navy Special Fuel Oil is a residual type petroleum fuel made according to the specification of the U. S. Navy. It is somewhat comparable in use to Bunker “C” fuel oil, but its specifications mean a product of lower viscosity and better burning quality. It can be made as a product of distilling operations but more frequently is made as a blend of Bunker “C” fuel oil or other residual oil com¬ bined with cutter stocks. The type of cutter stocks used and the proportion thereof would vary with the refinery and type of crude oil being processed. Fin¬ ished No. 2 heating oil may be used as the cutter stock, but so also may unfin¬ ished heating oil or low grade cutter stocks not normally marketed commer¬ cially. General price standards. It is cus¬ tomary for the Office of Price Stabiliza¬ tion to look to prices established under normal competitive conditions as guides in the establishment of fair prices during periods of emergency. These - custom¬ ary practices have been used by the Agency in the establishment of ceiling prices for Navy Special. This follows the pattern of Ceiling Price Regulation 17. the basic petroleum regulation cov¬ ering bulk petroleum products, which is a freeze-type regulation taking base pe¬ riod competitive prices as its standard price structure. Prior to promulgating Ceiling Price Regulation 17, and after consulting with an Industry Advisory Committee, the Di¬ rector of Price Stabilization made a find¬ ing that the prices for petroleum prod¬ ucts in effect during the base period, December 19, 1950, to January 25, 1951, were generally fair and equitable. This finding has not been challenged by any major segment of the industry. It was inevitable, of course, that the base period would find certain products of the industry in a less profitable posi¬ tion than others, but this situation is en¬ tirely normal in an industry which is as complex and dynamic as the petroleum industry. This point is of the utmost impor¬ tance, since it is now contended by the oil companies which were consulted that the ceiling price for Navy Special Fuel Oil should be computed upon the basis of a weighted average, 70 percent weight for the ceiling price of Bunker C and a 30 percent weight for the ceiling price of No. 2 heating oil. Apart from the fact that this contention assumes the use of particular ingredients and that other in¬ gredients are also likely to be used, the contention is unsound as a binding prin¬ ciple. It is not generally fair and equi¬ table to buyers and sellers, since it dis¬ regards the fact that customarily prices for this product have not been deter¬ mined 6n that basis. Navy Special Fuel Oil has in fact consistently sold below the weighted average formula contended for. This was the case, for example, in the year prior to Korea, and has indeed been the fact, with only isolated excep¬ tions for short periods of time, since 1940. However, some adjustment from the base period delivery prices for cargo sales of Navy Special Fuel Oil is appropriate in order to meet military requirements. The basis for and the extent of the ad¬ justment are indicated below. Price history. The three coastal areas of the United States are considered by the industry as distinctive refining and marketing regions. On the West Coast, prices of $2.15 per barrel at Los Angeles and $2.20 per barrel at San Francisco are clearly established by the price pat¬ tern of sales of Navy Special between the outbreak of the Korean War and Janu¬ ary 25, 1951, the end of the base period. The low cargo price of Bunker “C” Fuel Oil on the Gulf Coast, as clearly established by many sales during the base period, was $1.75 and this is the prevailing ceiling price. During most of the period since World War II the mili¬ tary services have obtained supplies of Navy Special Fuel Oil op the Gulf Coast, on the East Coast and in the Caribbean at prices no higher than 17 cents per barrel over the low cargo price on Bunker “C” Fuel Oil published in ‘ Platt’s Oil- gram”. This amounted to prices for Navy Special Fuel Oil not exceeding $1.92 in the Gulf and Caribbean. But it is appropriate for various reasons to establish a higher ceiling than $1.92. First, the Armed Services Petroleum Procurement Agency has recently paid $2.00 per barrel for Navy Special in the Caribbean, or 25 cents over Bunker “C”. While prices in the Caribbean are not subject to price control, nevertheless, some weight must be given to the pattern in that area since it has historically been very closely related to U. S. Gulf Coast and East Coast prices. Even more important is the fact that the base period delivery price of $1.92, which represents a differential of 17 cents per barrel over Bunker “C”, reflects the sales of the single company which was the principal source of supply on the Gulf and East Coasts during the base period. Other companies are now being sought as sources of supply, and some¬ what different conditions may prevail for companies using different refining techniques. Great weight, therefore, is given to the fact that another major company had a base period posted price of $2.19 per barrel f. o. b. refinery for barge deliveries and this company has advised that its normal cargo price on this basis would have been $2.09 per barrel. This company and two other major companies are currently supplying Navy Special in barge quantities at equivalent prices. The above price history of Navy Spe¬ cial tends to indicate that a fair and equitable general ceiling price for cargo sales would be approximately $2.09 per barrel. However, a critical fact support¬ ing this conclusion, and leading to the ceiling price of $2.10, appears upon an examination of ceiling prices for com¬ parable sales of a similar commercial product. Such comparison may validly be made with certain gas-enrichment oils which have a different end use but which are very similar in quality and contain es¬ sentially the same components as Navy Special Fuel Oil. During the subsequent to the base period, one company posted a cargo price of $2.10 per barrel at the Gulf, which amounted to 35 cents per barrel over Bunker “C”. Three com¬ panies were selling gas-enrichment oils of essentially the same quality in the New York and New England areas at 81 Trans 34:702 prices ranging from 25 to 35 cents per barrel over Bunker “C”. In the light of the foregoing, a ceiling price of $2.10 per barrel for cargo sales of Navy Special Fuel Oil, f. o. b. Gulf Coast ports is established by this supple¬ mentary regulation. This is a fair and equitable price, reflecting full considera¬ tion of military needs and of the inter¬ ests of the suppliers and the public. The price histories cited above, the close historical relationship between Gulf and East Coast markets, and the normal relationship between prices in the two areas, justify the establishment of an East Coast price of $2.70 per barrel, which represents the same differential over a calculated East Coast cargo price for Bunker “C” as is established on the Gulf Coast. In the formulation of this Supplemen¬ tary Regulation, the Director of Price Stabilization has consulted with the Pe¬ troleum Administrator for Defense, the Armed Services Petroleum Agency and numerous representatives of the petro¬ leum industry who will be affected by this Supplementary Regulation. Al¬ though their recommendations have not been accepted in full, careful considera¬ tion has been given to them. FINDINGS OF THE DIRECTOR OF PRICE STABILIZATION In the judgment of the Director of Price Stabilization, the prices established by this supplementary regulation are generally fair and equitable, and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Applicability of this supplementary regu¬ lation. 2. Ceiling prices. 3. Applicability of Celling Price Regulation 17 provisions. Authority: Sections 1 to 3 Issued under sec. 704, 64 Stat. 816, as amended; 60 TT. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110. E. O. 10161, Sept. 9, 1950, 15 P. R. 6105, 3 CFR, 1950 Supp. Section 1. Applicability of this sup¬ plementary regulation. This supple¬ mentary regulation establishes ceiling prices for sales and deliveries of Navy Special Fuel Oil at the points described in section 2 of this regulation. Sec. 2. Ceiling prices, (a) The ceiling prices for Navy Special Fuel Oil in cargo lots f. o. b. tanker at the following points shall be: Ceiling price (per Location 42-gallon West Coast barrel) San Francisco Bay area_$2. 20 All California areas south of San Francisco Bay area_ 2. 15 Texas and Louisiana Gulf Coast ports (including Baton Rouge)_ 2. "0 Atlantic Coast ports of New York, N. Y.; Philadelphia, Pa.; and Balti¬ more, Md_ 2. 70 (b) Customary price differentials may be added to the ceiling prices set forth in paragraph (a) of this section for other methods of delivery for smaller quantities than cargo lots. Sec. 3. Applicability of CPR 17 provi¬ sions. Sales and deliveries covered by this supplementary regulation shall re¬ main subject to all the provisions of Ceiling Price Regulation 17 except sec¬ tion 11 and except any provisions which are inconsistent with the provisions of this supplementary regulation. Effective date. This supplementary regulation is effective February 15, 1952. Michael V. DiSalle, Director of Price Stabilization. February 15, 1952. FILE following 81 Trans 34:702 (3-3-52) 81 Trans 34:801 Ceiling Price Regulation 17 Supplementary Regulation 6 MAR. 3, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON q Adjustment of Ceiling Prices in Upper New York State TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 17. Supplementary Regulation 6| CPR 17— Gasolines. Naphthas. Fuel Oils and Liquefied Petroleum Prod¬ ucts. Natural Gas, Petroleum Gas, Casinghead Gas and Refinery Gas SR 6 —adjustment of ceiling prices in UPPER NEW YORK STATE Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161 (15 F. R. 6105), and Eco¬ nomic Stabilization Agency General Or¬ der No. 2 (16 F. R. 738), this Supplemen¬ tary Regulation No. 6 to Ceiling Price Regulation 17 (16 F. R. 3033), is hereby issued. STATEMENT OF CONSIDERATIONS This supplementary regulation to Ceil¬ ing Price Regulation 17 is applicable to the f. o. b. terminal ceiling prices of ^ kerosene, distillate heating oils, Diesel fuels and gas enrichment oils along the upper Hudson River and the New York Barge Canal. A large volume of these products regu¬ larly distributed in up-state New York is transported into the area by barges on the upper Hudson River and the New York State Barge Canal from the New York Harbor area. These inland water¬ ways normally are closed to navigation in the winter season. Stocks of fuel oil transported in this manner are accu¬ mulated and stored in the summer for use during the following winter. Other methods of bringing products into the area include pipeline, truck transport and to some extent tank car shipment. In one area a refinery supplies consider¬ able volume. Despite this variation in transportation methods and costs, these products have generally been sold at a uniform price at each distribution point regardless of the method by which they were transported. Because of the sub¬ stantial volume shipped into the area by barge, the level of prices customarily re¬ flects the changes in barge transporta¬ tion rates. The upper Hudson River and the Barge Canal were closed in winter, as usual, in 1950-1951, including the base period of December 19, 1950 through January 25, 1951. When spring arrived, and navigation was reopened, contract carriers operating barges had no ceiling j prices, as the general pricing provisions U the General Ceiling Price Regulation which used base period deliveries or of¬ fers as the basis for pricing could not apply. Distributors of fuel oil for the 1951- 1952 season signed contracts with barge operators, some before, some during, and some subsequent to the base period, and these contracts specified a variety of transportation rates which reflected the fluctuating charter market. These rates were generally higher than compa¬ rable rates for the preceding season. In order to stabilize barge transporta¬ tion costs the Office of Price Stabilization issued Supplementary Regulation 12 (and Amendment 1 thereto) to the Gen¬ eral Ceiling Price Regulation which es¬ tablished ceilings for barge rates. How¬ ever, in recognition of transportation contracts entered into prior to the gen¬ eral freeze date, the barge ceilings were set at levels higher than those in effect when dealers computed the prices for fuel oils which were being sold during the base period. Ceiling Price Regulation 17 included in section 25 a provision allowing a pass through of post-base period transporta¬ tion cost increases which are directly at¬ tributable to an increase in transporta¬ tion rates permitted by the Office of Price Stabilization or a State or Federal Regulatory body. The transportation cost increases over 1950 resulting from the barge rates established by OPS have thus resulted in higher ceiling prices except for those distributors whose barge contracts were signed prior to the end of the base pe¬ riod and those who receive their fuel oil by other modes of transportation. However, increases in rail rates author¬ ized by the Interstate Commerce Com¬ mission have also been reflected in higher ceiling prices which vary by lo¬ cality and from seller to seller. This supplementary regulation imple¬ ments the principle contained in section 25 of CPR 17 and restores the customary price relationships in each specific mar¬ keting area by spelling out uniform amounts of increase based upon the in¬ creases in barge rates. The increases in f. o. b. terminal ceiling prices for kero¬ sene, No. 2 fuel oil and other distillates range from 0.1 cent to 0.4 cent per gallon. In the preparation of this regulation, the director consulted with industry representatives, including representa¬ tives of trade associations, to the extent practicable and gave consideration to their recommendations. Representatives of both major and in¬ dependent oil companies throughout the affected area conferred with the New York Regional Office staff in regard to the pricing problems involved, and have submitted ecoonmic data to support their request for price action. In the judgment of the Director of Price Stabilization the adjustment of ceiling prices permitted by this supple¬ mentary regulation is generally fair and equitable and is necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. regulatory provisions Sec. 1. Applicability of supplementary regulation. 2. Amount of adjustment. 3. Definitions. 4. ApplicabiUty of CPR 17 provisions. Authority: Sections 1 to 4 Issued under sec. 704, 64 Stat. 816, Pub. Law 06, 82d Cong.; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, Pub. Law 96, 82d Cong.; 50 U. 8. C. App. Bup. 2101-2110, E. O. 10161 , 8ept. 9, 1950, 15 P. R. 6105, 3 CPR, 1950 Supp. Section 1. Applicability of supplemen¬ tary regulation. This supplementary regulation is applicable to those sellers who are engaged in the distribution of kerosene, distillate heating oils, Diesel fuels and gas enrichment oils at stated terminal points and in those price areas where prices for these products are cus¬ tomarily based on the prices at the enu¬ merated terminal points. The ceiling prices affected include both f. o. b. and delivered ceilings. Sec. 2. Atnount of adjustment. A seller of kerosene, distillate heating oils, Diesel fuels and gas enrichment oils, en¬ gaged in the distribution of such products at the terminal points enumerated below, or in price areas where prices for these products are customarily based on the prices at these enumerated terminal points, may add to his base period ceiling price the amount designated herein for the terminal point or price area. Cents Terminal points: per gallon Binghamton, N. Y_ Johnson City, N. Y_ Willow Point, N. Y__. .. Buffalo, N. Y.... Tonawanda, N. Y_ North Tonawanda, N. Y_ Kenmore, N. Y_._._ Batavia, N. Y_._;_ Elmira, N. Y- Big Flats. N. Y1 .. Watkins Glen. N. Y__ Geneva, N. Y__ Ithaca. N. Y.... Cortland, S. Y... Olean. N. Y...... Weilsville. N. Y. Rochester. N. Y.._.___ Pittsford. N. Y.. Wayland. N. Y.. Oates, N. Y.. Chill, N. Y...... Palmyra, N. Y_..._ Waterloo, N. Y.... Brockton, N. Y____ Weeds port, N, Y..... Clyde. N. Y.. Syracuse, N. Y............. Brewer ton, N. Y_...._..... Baldwlnsvllle, N. Y.. Cold Springs, N. Y_ Liverpool, N. Y _... 0.2 .2 .2 .3 .3 .3 .3 .4 .2 .2 .2 .2 .3 .3 .3 .3 .4 .4 .4 .4 4 .4 A A 9 4 4 4 4 4 4 81 Trans 34:802 Cents Terminal points: per gallon Three Rivers. N. Y.. 0 .3 Amsterdam, N. Y- .1 Fonda, N. Y..— .1 Fultonville, N. Y_ .1 Fort Plain, N. Y_ .2 Little Falls, N. Y_ .2 Fort Edward, N. Y_ .2 Fort Ann, N. Y_ .2 Dunham's Basin, N. Y_ .2 Northumberland, N. Y- .2 Ogdensburg, N. Y_ .2 Clayton. N. Y- .2 Plattsburg, N. Y_ .2 Rome, N. Y.- .2 Sackets Harbor, N. Y_ .2 Schenectady, N. Y_None Scotia, N. Y_ None Cohoes, N. Y___None Utica, N. Y_ .2 Marcy, N. Y_ .2 Westport, N. Y_ .2 Whitehall. N. Y_ .2 Cents Terminal points. per gallon Montcalm Landing, N. Y_ 0 .2 Port Heny, N. Y.__^_ .2 Crown Point, N. Y_ .2 Burlington, Vt_ .2 St. Albans, Vt_ .2 Sec. 3. Definitions. As used in this supplementary regulation: (a) “Price area” means that geographical area where the products covered by this sup¬ plementary regulation are customarily sold at prices which are based on a par¬ ticular terminal point price, by virtue of the terminal point’s position as the prin¬ cipal source of supply for these products. (b) “Base period ceiling price” refers to the ceiling price cf a seller under Ceiling Price Regulation 17 exclusive of such additions under Section 25 thereof as may have been applied by the seller because of increased transportation rates. Sec. 4. Applicability of CPR 17 pro¬ visions. (a) Sellers covered by this sup¬ plementary regulation shall remain sub¬ ject to all the provisions of Ceiling Price Regulation 17 except such provisions as are inconsistent herewith. (b) Sellers covered by this supplemen¬ tary regulation must maintain cus¬ tomary discounts and allowances based upon terms and conditions of sale. Effective date. This supplementary regulation shall become effective March 8, 1952. _ Ellis Arnall, Director, Office of Price Stabilization. March 3, 1952. FILE following 81 Trans 34:802 (5-12-52) 81 Trans 34:901 Resellers of Ceiling Price Regulation 17 Liquefied Petroleum Gas Supplementary Regulation 7 MAY 12. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 17, Supplementary Regulation 7] CPR 17—Gasolines, Naphthas, Fuel Oils and Liquefied Petroleum Gases, Natural Gas, Petroleum Gas, Casing¬ head Gas and Refinery Gas SR 7—RESELLERS OF LIQUEFIED PETROLEUM GAS Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Sup¬ plementary Regulation to Ceiling Price Regulation 17 is hereby issued. STATEMENT OF CONSIDERATIONS 'Propane, Butane, and Propane/Bu¬ tane mixtures, usually referred to as Liquefied Petroleum Gas by industrial users, and as “bottled gas” by residential consumers, are manufactured from vapors extracted from natural gas and refinery gas. Production, storage, and distribution of liquefied petroleum gas constitutes a relatively new and rapidly growing industry, consumption having increased from approximately 313 mil¬ lion gallons in 1940 to over 4 billion gal¬ lons in 1951. Prior to and during the base period of December 19, 1950-January 25, 1951 prices for this product were rising under an increasing demand usual to the win¬ ter months, accentuated by the general increasing demand for this product. Ceiling prices of resellers of this product were first established by the General Ceiling Price Regulation, effective Jan¬ uary 26, 1951 which froze prices gener¬ ally at the level of the highest prices charged during the base period. With minor modifications Ceiling Price Regu¬ lation 17 has carried over the same pricing method. Because of the time lag involved in distributing liquefied pe¬ troleum gas, the prices charged by many resellers during the base period did not reflect the higher prices charged by their suppliers and by producers during the base period In addition to the higher product cost from usual supply sources, increased de¬ mand has made it necessary for many resellers to buy substantial amounts of their supply from more distant sources at higher cost; also transportation costs, which are particularly important for re¬ sellers of these products have increased because of the general increases in rail freight rates. While margins of profit among re¬ sellers vary, these margins are generally narrow, and any substantial Increase in costs of obtaining the product results in hardships for the reseller. Because of this, numerous applications have been received from distributors of liquefied petroleum gas for adjustments in ceiling prices to avoid the reduction In their gross and net margins which they have experienced. For these reasons, and as an interim step in the formulation of a tailored reg¬ ulation for the liquefied petroleum gas industry, the original freeze technique is being modified to permit resellers to adjust their ceiling prices to reflect these increased product and transportation costs. This regulation contains two adjust¬ ment provisions. The first provision permits the addition to ceiling prices of the increase in cost of product and trans¬ portation that has occurred during the first year of price control This ad¬ justment may be taken immediately. The second provision permits resellers a one-time, interim adjustment to reflect increases in product and transportation costs that have bccurred since January 31, -1952. In order to prevent this ad¬ justment on the basis of isolated high cost spot purchases, the reseller may ad¬ just his ceiling prices only to the extent that the average of these costs for the three-month period immediately prior to his selected date of adjustment has in¬ creased above costs at the end of the first year of price control. In the formulation of this supplemen¬ tary regulation there has been consulta¬ tion with industry representatives, including trade association representa¬ tives, and consideration has been given to their recommendations. In the judgment of the Director of Price Stabilization, the provisions of this supplementary regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS 8ec. 1. What this supplementary regulation does. 2. Cost Increases to retail distributors through January 31, 1952. 3. Cost Increases to resellers at wholesale through January 31, 1952. 4. Cost Increases to retail distributors and wholesalers after January 31, 1952. 5. Relation to Celling Price Regulation 17. 6. Customary discounts. 7. Records. 8. Definitions. Authority : Sections 1 through 8 Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 60 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, 16 P. R. 6105, 8 CPR 1960 Supp. Section 1 . What this supplementary regulation does. If you resell liquefied petroleum gas at any level of distribution other than at a retail establishment (as covered by Ceiling Price Regulation 13) you may redetermine your ceiling prices under the provisions of this supplemen¬ tary regulation. If you do determine your ceiling prices under this regulation and put these new ceiling prices into effect, you may not again determine your ceiling prices under this supplementary regulation unless there is an increase in the ceiling price of your supplier as a result of the operation of this regulation or of another official act of the Office of Price Stabilization. Sec. 2. Cost increases to retail distrib¬ utors through January 31, 1952. (a) If you are a retail distributor of liquefied petroleum gas you may increase your original Ceiling Price Regulation 17 ceil¬ ing prices in each pricing area to each class of purchaser and for each quantity bracket by the amount of increase in laid-down cost per unit you have in¬ curred at each of your distribution points. This increase shall be either (1) the difference between your average laid-down cost per unit during the three- month period ending January 31, 1951, and your average laid-down cost per unit during the three-month period ending January 31, 1952; or (2) the difference between your average laid-down cost per unit during the calendar year of 1950 and your ayerage laid-down cost per unit during the three-month period end¬ ing January 31, 1952. (b) If you determine ceiling prices in accordance with this section for any one customer or for any quantity bracket, you must determine ceiling prices by the same method for all customers and quantity brackets in the same pricing area. (c) This section shall not be applica¬ ble to sales of liquefied petroleum gas where all or part of the product sold in such area has been produced or manu¬ factured by you. Sec. 3. Cost increases to resellers at wholesale through January 31,1952. (a) If you are a reseller of liquefied petro¬ leum gas at the wholesale level, your ceiling prices for each shipping or de¬ livery point to each class of purchaser may be increased by the amount of in¬ crease in ydjur laid-down cost per unit at that shipping or delivery point since January 31, 1951. This increase is the difference between your average laid- down cost per unit at each shipping or delivery point during the three-month period ending January 31,1951, and your average laid-down cost per unit during the three-month period ending January 31, 1952. (b) If you determine your ceiling prices for one class of customer at any shipping or delivery point by the method set forth in this section, you must deter¬ mine your ceiling prices for all classes 81 Trans 34:902 of purchasers at the same point by the same method. (c) If you resell liquefied petroleum gas at the retail distributor level and also at the wholesale level, you must make separate computations of ceiling prices at each level when adjusting your ceiling prices under this supplementary regulation. (d) This section shall not be applica¬ ble to sales of liquefied petroleum gas when all or part of the product sold at such shipping or delivery point has been produced or manufactured by you. Sec. 4. Cost increases to retail distrib¬ utors and wholesalers alter January 31, 1952. If your laid-down cost is in¬ creased after January 31, 1952, as a re¬ sult of an increase in the ceiling prices of your supplier or suppliers because of the operation of this regulation, or other official act of the Office of Price Stabi¬ lization, or as a result of an increase in transportation costs incurred in obtain¬ ing your product, you may increase your ceiling price under this regulation by the dollars and cents amount of such in¬ crease. This increase is the difference between your average laid-down cost during the three-month period ending January 31, 1952, and your average laid- down cost during the three calendar month period prior to the month during which such increase in ceiling price is placed in effect. This adjustment may be made at any time selected by the seller but may not be made more than once. Sec. 5. Relation to Ceiling Price Reg¬ ulation 17. (a) If you are a reseller of liquefied petroleum gas and have ceiling prices determined under the provisions of Ceiling Price Regulation 17 you may continue to use those ceiling prices. (b) Sellers subject to this supple¬ mentary regulation shall be subject to all provisions of Ceiling Price Regulation 17 not inconsistent with the provisions of this supplementary regulation. Sec. 6. Customary discounts. If you determine your ceiling prices under this supplementary regulation you must con¬ tinue to maintain your customary dis¬ counts and allowances based upon the terms and conditions of sale. Sec. 7. Records. In addition to such other records as are required by section 14 of Ceiling Price Regulation 17, you must, if you use this supplementary regulation to adjust your ceiling prices, keep records clearly showing how you determined your adjusted ceiling prices, and those records which you used as a basis for such determination. Sec. 8. Definitions, (a) “Liquefied pe¬ troleum gas” means butane, propane and butane/propane mixtures. (b) "Laid-down cost" means the amount per unit paid to your supplier or suppliers for the product plus the unit cost of transportation incurred by you in moving the product to the ship¬ ping or delivery point or in the case of a retail distributor to place of storage or its equivalent. Where you use your own transportation or transportation you control in lieu of transportation for which rates are set or controlled by Fed¬ eral or State regulatory bodies, the cost of transportation referred to in this definition shall be the rate charged by such controlled carrier. (c) “Original Ceiling Price Regulation 17 ceiling prices” means the first ceiling prices determined under the provisions of Ceiling Price Regulation 17, excluding any increases thereafter permitted by that regulation or by any other official act of the Office of Price Stabilization. (d) “Pricing area” means that geo- grahical area in which you maintain a single pricing schedule for all customers of the same class and for each quantity bracket. (e) -“Retail distributor” means a re¬ seller whose ceiling prices of liquefied pe¬ troleum gas are determined by Ceiling Price Regulation 17 and whose sales are primarily to consumers at the retail level. Effective date. This supplementary regulation shall become effective May 12, 1952. Noth: The record-keeping requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stabilization. May 12, 1952. FILE following 81 Trans 34:902 (6-23-52) 81 Trans 34:1001 Adjustment of Ceiling Prices— Ceiling Price Regulation 17 No. 2 Fuel Oil in Baltimore Area Supplementary Regulation 8 JUNE 23, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Celling Price Regulation 17, Supplementary Regulation 8| CPR 17— Gasolines, Naphthas, Fuel Oils and Liquefied Petroleum Prod¬ ucts, Natural Gas, Petroleum Gas, Casinghead Gas and Refinery Gas SR 8, ADJUSTMENT OF CEILING PRICES OF NO. 2 FUEL OIL IN BALTIMORE AREA Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161 and Economic Stabilization Agency Order No. 2, this Supplementary Regulation .No. 8 to Ceiling Price Regu¬ lation 17, is hereby issued. STATEMENT OF CONSIDERATIONS This action authorizes an increase of $0,003 per gallon for tank wagon deliv¬ eries of No. 2 Fuel Oil in the Metropoli¬ tan Baltimore, Maryland area. Such in¬ crease is based upon and is consistent with the principles embodied in the in¬ dustry earnings standard. Early in the 1951-52 heating season, sellers of domestic heating oils in the Baltimore, Maryland area applied for a price increase. Data was submitted by individual firms which showed that de¬ spite increases in the volume of sales their percentage of profit as related to sales and net worth was significantly lower than that of 1950 and prior years. Application of the industry earnings standard to the fuel oil distributors in the Baltimore, Maryland area indicated that an increase of $0,003 per gallon for tank wagon deliveries of fuel oil to do¬ mestic consumers in the Metropolitan Baltimore, Maryland area was necessary to meet the minimum requirements of the standard. In the judgment of the Director of Price Stabilization the increase herein granted is consistent with the principles embodied in the earnings standard as applied to distributors of essential com¬ modities in a local area. In the formulation of this regulation there has been consultation with indus¬ try representatives, including trade asso¬ ciations representatives, and considera¬ tion has been given to their recommen¬ dations. FINDINGS OF THE DIRECTOR OF PRICE STABILIZATION In the judgment of the Director of Price Stabilization this Supplementary Regulation 8 is generally fair and equita¬ ble and necessary to effectuate the pur¬ poses of Title IV of the Defense Produc¬ tion Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. What this regulations does. 2. Increase in celling prices. 3. Applicability of provisions of Ceiling Price Regulation 17. Authority : Sections 1 to 3 Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title PV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, Sept. 9, 1950, 15 P. R. 6105, 3 CPR, 1950 Supp. Section 1. What this regulation does. This regulation is applicable to tnose sellers of No. 2 Fuel Oil when selling that product to consumers at the tank wagon level in the Baltimore, Maryland area. It permits these sellers to add $0,003 per gallon to their ceiling price. Sec 2. Increase in ceiling prices. On and after the effective date of this regu¬ lation each seller of No. 2 Fuel Oil may increase his ceiling price for this product $0,003 per gallon for tank wagon deliv¬ eries in the City of Baltimore, Maryland or within a radius of 16 miles from Balti¬ more City Hall. Sec. 3. Applicability of provisions of Ceiling Price Regulation 17. Sellers cov¬ ered by this supplementary regulation shall remain subject to all the provisions of Ceiling Price Regulation 17, as amended, except such provisions as are inconsistent herewith. Effective date. This supplementary regulation shall become effective on the 28th day of June 1952. Ellis Arnall, Director, Office of Price Stabilization. June 23, 1952. • . IH ( K . FILE following 81 Trans 34:1001 (6-30-52) 81 Trans 34:1011 SR 9—Tank Wagon and Rack Ceiling Prices in Certain West Coast Refinery and Terminal Price Areas OFFICE TITLE 32A -NATIONAL DEFENSE, ^ / APPENDIX Chapter Sti—Office oJ Price SihuKkfJka- tion, El*, .on- >!;'i:- 17.2 15.2 15.2 16! 7 Ontario.. 17.7 25.0 18.3 16.3 istrano_ 14.6 18.9 12.9 10.9 10.9 12.4 18 8 25 2 17 8 15 8 15 8 '17 3 Oregon City... 15.0 20.6 13.5 11.5 San Luis Obis- 17. 4 24 ! 3 16. 2 14 ! 2 14 ! 2 15.7 Pendleton.. 16.7 24.6 15.5 13.5 po. 16.4 20.9 14.8 12.8 12.8 14.3 18.4 14 2 15 7 Pilot Rock_ 16. 7 25.0 15.5 13.5 San Mateo. 14.5 18.7 13.1 11.1 11. 1 12.6 16 5 14 5 14 5 16 ft Portland_ 15.0 20.5 13.5 11.5 San Pedro. 14.0 18.0 12.4 10.4 10.4 11.9 19 4 28 6 17 3 15 3 15 3 16 8 Prairie City_ 19.0 30.0 17.7 15.7 San Rafael. 15.1 19.1 13.5 11.5 11.6 13.0 19 2 2fi 3 16 5 14 5 14 5 15 3 Prineville_ 17.0 24.4 15.8 13.8 Santa Ana. 14.0 18.3 12.4 10.4 10.4 11.9 17 1 21 1 15 8 13 8 13 8 15 3 Prospect.. 17.8 25.2 16.5 14.5 Santa Barbara.. 15.2 19.2 13.4 11.4 11.4 12.9 33 6 20 1 18 1 18 1 19 6 Rainier.... 15.5 21.7 14. 1 12.1 Santa Cruz. 16. 1 19.9 13.9 11.9 11.9 13.4 mu A 11 1IU_ 20 6 25 2 18 4 16 4 16! 4 17 9 Redmond. 17.0 24.4 15.8 13.8 Santa Maria_ 16.4 20.4 14.8 12.8 12.8 14.3 18 9 2? 9 17 9 15 9 15. 9 17 4 Reeds port. 17.4 24.0 15.1 13.1 Santa Monica.. 14.0 18.0 12.4 10.4 10.4 11.9 WpIIq 19 7 26 3 17 3 15 3 15. 3 16. 8 Riddle . 17.0 22.6 15.8 13.8 Santa Paula 15. 2 19.2 13.4 11.4 11.4 12.9 18 1 25 2 17 0 15 0 15 ft 16 5 Robinette 18. 4 27 6 17.5 15. 5 Santa Rosa_ 15.3 18.9 13.7 11.7 11.7 13.2 Yerington. 18.0 23.7 16.7 14 ! 7 14.7 16.2 Roseburg. 16.7 22.3 15.6 13.6 13.6 15. 1 Sausalito 15.1 19. 1 13.5 11.5 11.5 13.0 St. Helens__ 15. 4 215 13. 9 11.9 Sebastopol 15.3 19.5 13.7 11.7 11.7 13.2 Salem__ 15. 7 21. 2 14.3 12.3 Seguro. 14. 5 18.6 12.9 10. 9 10.9 12.4 Seaside. 16.0 22.6 14.2 12.2 Shafter. 15.0 19. 1 13.3 11.3 11.3 12.8 16 0 21 9 14 6 12 6 Seneca. 19.7 29.9 19.0 17.0 Shoshone. 17.3 23.8 15.6 13.6 13.6 15.1 16 4 23 7 15 2 13. 2 Sheridan. 15.7 21.5 14.3 12.3 Signal Hill. 14.0 18.0 12.4 10.4 10. 4 11.9 17 8 21 8 16 5 14 5 Silver Lake. 19.3 27. 7 17. 7 15.7 Solana Beach... 15.3 19.3 13.3 11.5 11. 5 13.0 1.*» 5 21 6 13 4 11 4 Silverton. 15.7 21.5 14.3 12.3 Soledad. 16. 4 19.8 14.6 12.6 12.6 14.1 16 7 25.0 15 5 13. 5 Stay ton.. 15.7 21.5 14.3 12.3 Sonoma... 15.3 19.2 13.6 11.6 11.6 13.1 17. 7 26. 7 16. 7 14.7 14. 7 16.2 Sublimity. 15.7 21.5 14.3 12.3 Sonora 16.4 20.4 14.8 12.8 12.8 14.3 17 5 24 4 15 2 13 2 Sutherlin 16.7 22. 3 15.6 13. 6 South Dos Palos 15.7 19.8 13.8 11.8 11.8 13.3 19 6 29. 6 18. 7 16. 7 Taft . 16.8 24.3 15.2 13. 2 South Fork. 17. 1 22.3 14.7 12.7 12.7 14.2 Beaverton. 15.0 20.6 13.5 11.5 The Dalles_ 16.3 23. 1 14.8 12.8 12.8 14.3 South Los An- 17.0 24. 4 15.8 13.8 13.8 15.3 Tillamook 16.4 22. 5 14.8 12.8 geles.. 14.0 13.0 12.4 10.4 10.4 11.9 Bly 18. 9 24.8 17.4 15.4 Toledo 17.0 23.3 15.2 13. 2 South San 18.2 22. 2 16.5 14.5 Union 17. 2 26. 5 16. 2 14. 2 Francisco. 14.5 18. 5 13. 1 11. 1 11. 1 12.6 16.6 22. 5 14 9 12.9 Vale 17 7 28. 4 18. 3 16. 3 Stockton. 15. 7 19.8 13.8 11.8 11.8 13.3 Burns. 19. 4 28.1 18.7 16.7 16.7 18.2 16. 1 22.0 14. 4 12. 4 Stratford 15.7 19.8 13.8 11.8 11.8 13.3 Canby . 15. 4 21.0 13.9 11.9 18 0 25 4 15. 7 13. 7 Suisun 15. 1 19.1 13. 7 11.7 11.7 13.2 18. 2 25.4 16. 4 14.4 17 7 27 1 16 3 14 3 Susanville 17.9 22. 7 16.3 14.3 14.3 15.8 17.9 24.4 17.0 15.0 15 5 21 7 13 4 11 4 ' T 'aft. 15.0 19 1 13.3 11.3 11.3 12.8 Chiloquin. 18.2 24.3 17.0 15.0 16. 5 23.7 15. 2 13. 2 ihoe City 17.3 22.0 15.6 13.6 13.6 15.1 15.9 21. 7 14 5 12.5 15 7 21 2 14 3 12 3 17.3 22.0 15.6 13.6 13.6 15.1 16. 9 24.3 15. 7 13. 7 15 7 21 5 14 3 12 3 Tehachapi..... 15.4 19.6 13.4 11.4 11.4 12 9 Coos Bay. 16.9 22.5 14.4 12.4 12.4 13.9 Willamina_ 15.7 21.5 14.3 12.3 Terminal Is- Coquille 17. 5 23. 9 15.0 13.0 15 0 2ft 5 13 5 11 5 land. 14.0 18.0 12.4 10.4 10.4 11.9 Cornelius. 15.3 20.9 13.9 11.9 ...... ...... Woodburn_ 15.4 21.1 14.0 12.0 81 Trans 34:1304 Gaso- Location line, sec ond grade Kero- son e Auto, Diesel Diesel fuel Fur¬ nace oil Stove oil Washington Aberdeen_ 15.3 20.8 13.6 11.6 n.6 13. 1 Almira.. 17.7 25.8 16.8 14.8 15 8 21.4 14 1 12. 1 Arlington_ 15.7 21.3 14.4 12.4 Auburn_ 15.0 20.5 13.5 11.5 Bellingham_ 15.9 21.5 14.1 12. 1 12.1 13.6 17. 8 25.3 16.8 14.8 16. 1 22. 5 14.8 12.8 Blaine_ 16.3 22.0 14.5 12.5 __ __ Bremerton_ 15.3 20.8 13.8 11.8 11.8 13.3 17. 7 23. 9 16.8 14.8 15.3 21. 3 14. 1 12. 1 15. 1 20. 7 13.6 11.6 15. 9 21. 5 14.2 12.2 17. 2 23. 4 15.7 13.7 Castle Rock_ 16.0 21.6 14.0 12.0 16 2 22. 1 14. 1 12. 1 16. 2 21.7 14.4 12.4 16. 2 21.7 14.4 12.4 17. 7 23. 9 16.3 14.3 17.8 25. 4 16.8 14.8 18. 6 26. 1 17.7 15.7 17.8 25. 2 17.2 15.2 16. 7 22.7 15.6 13.6 15. 8 22.3 14. 1 12. 1 Clydp 17. 2 24. 2 16. 1 14. 1 Colfax.. 17.8 25.4 17.0 15.0 18. 8 25. 3 17.9 15. 9 Concrete.. 16.3 21.9 15.0 13.0 17. 2 24. 2 15.8 13.8 Copalt's Cross- 15. 9 21.5 14.2 12.2 Coulee City.... 17.7 24.6 16.8 14.8 Coulee Dam_ 17.7 25.8 16.8 14.8 15 8 22. 2 14. 1 12. 1 Creston_ 17. 7 24.7 16.8 14.8 Harrington_ 16.3 22.0 15.0 13.0 Davenport. . . 17.8 25.0 16.8 14.8 17.2 23.7 15.9 13. 9 Deer Park_ 18.2 25.9 17.3 15.3 16. 3 22.0 14.5 12.5 East Sound_ 15.8 22.4 14.1 12. 1 East Stan wood. 15.9 21.5 14.5 12.5 Eatonville_ 15.7 21.3 14.5 12.5 Edmonds.. 15.0 20.5 13.5 11.5 El bp 16.3 22.5 14. 7 12.7 Electric City... 17.7 25.8 16.8 14.8 16. 8 22.9 15. 6 13.6 15.8 21.7 13.8 11.8 Endicott. 17.8 25.4 17.0 15.0 15 7 21 3 14. 5 12. 5 17. 2 23. 4 15.7 13.7 ' 17. 2 23. 9 16. 4 14. 4 15. 4 20. 9 13.9 11. 9 16.3 22.0 14. 5 12. 5 18.1 25. 4 17. 2 15. 2 16. 8 23. 2 15.1 13.1 Friday Harbor. 15.8 22.4 14. 1 12.1 18 1 25 4 17. 2 15. 2 Gig Harbor_ 15.3 21.3 13.8 11.8 Goldendale_ 16.4 22.6 15. 1 13. 1 Grandview_ 16.7 23.4 15.5 13.5 Grand Coulee.. 17.7 25.8 16.8 14.8 Granite Falls... 15.6 21.3 14.4 12.4 16.0 21 5 14 3 12. 3 17 8 25 4 16. 8 14 8 17.8 25.0 16. 8 14. 8 15.5 21.3 14.1 12.1 15.0 20. 5 13.5 11. 5 15.3 20.8 13.6 11. 6 15.9 22. 7 14. 5 12.5 19.1 26.1 18.3 16.3 15. 1 20 7 14. 1 12.1 17.2 24.1 16. 2 14. 2 15.6 21. 2 14. 0 12.0 15 6 21 1 13 4 11 4 Ifi 7 22 4 15 5 13 5 15. 0 20. 6 13. 5 11. 5 15. 0 20. 5 13. 5 11. 5 16. 3 23. 1 15.0 13. 0 15.9 21 5 14. 5 12 5 17 8 24 9 16 8 14 8 17. 8 24 6 16. 8 14. 8 15.8 22. 3 14. 1 12. 1 17 2 23 4 15 7 13 7 17. 2 25. 2 16. 2 14. 2 15 9 22 7 14 5 12 5 15. 6 21. 1 13. 4 11. 4 16 3 22 0 14 5 12 5 17 7 24 3 16 9 14 9 15. 8 21 4 14 3 12 3 Metaline Falls. 19. 1 26. 1 18.3 16.3 __ _ _ . 15 7 21 3 14 4 12 4 15 8 21 7 13 6 LI 6 16. 9 22. 6 15 2 13 2 Moses Lake.. . 17.2 24. 1 16.4 14.4 __ . 15 9 21 5 14 5 12 5 16 7 23 6 15 5 13 5 Noah Bay 15 8 26 1 14 1 12 1 Newix>rt _ 18. 5 25. 3 17. 6 15 6 North port 19. 3 27. 0 18 5 16 5 Oakendale.. 18. 1 25. 4 17. 2 15. 2 Oak Harbor.... 15.8 22. 2 14. 1 12. 1 Odessa. 17.7 24. 7 16.7 14.7 Location Gaso¬ line, sec¬ ond grade Keio- sene Auto, Diesel Diesel fuel Fur¬ nace oil Stove oil W'aifc—Con. Okanogan . 18.0 24. 8 17.1 15.1 Olympia 15. 3 20.8 13.8 11.8 Omak 18. 0 24. 8 17. 1 15. 1 Onalaska 16. 2 21.9 14. 6 12. 6 Orcas. 15. 8 22. 4 14. 1 12. 1 Oreville. 18. 5 25.0 17.6 15.6 Othello... _ 17.2 24. 1 16.3 14.3 . Palouse 18. 1 25. 6 17. 2 15. 2 Parkland 15.0 20. 5 13.5 11. 5 Pasco_.... 16.7 *3.2 15. 5 13.5 13.5 15.0 Peteros 17. 7 23.9 16.8 14. 8 Port Roberts 15.8 21. 4 14. 2 12. 2 Port Wells 15.0 20. 5 13. 5 11. 5 Pomeroy 17.8 24. 6 16.7 14.7 Portage 15.3 21.3 14. 1 12. 1 Port Angeles 15. 8 22. 2 14. 1 12. 1 Port Gamble 15. 3 23. 2 13. 8 11. 8 Port Orchard 15. 3 21. 5 13.8 11. 8 Port Townsend 15. 8 22.0 14. 1 12. 1 Poulsbo.. 15.3 21.3 13.9 11.9 Prescott 17.2 23.6 15.8 13.8 Presser 16. 7 24.7 15. 5 13. 5 Pullman.... 18. 1 25.6 17.2 15.2 Puyallup 15.0 20. 5 13. 5 11. 5 Quinalt 16 9 23.3 15. 1 13. 1 Quincv 17. •£ 23.9 16. 4 14. 4 Raymond 16. 3 22.0 14. 8 12. 8 Reardan .. 17.8 25.4 16.8 14.8 Redmond 15. 0 20. 5 13. 5 11. 5 Renton . 15.0 20.5 13.5 11. 5 Republic. 18.9 26. 5 18.0 16.0 Richardson .. 15. 8 22. 4 14. 1 12. 1 Richmond Beach 15. 0 20. 5 13. 5 11. 5 Ridgefield_ 15.0 20.5 13.8 11. 8 Ritzville. 17.2 25. 4 16.2 14. 2 Rock Harbor 15. 8 22. 4 14. 1 12.1 Rosalia. 17.8 25.4 17.1 15.1 16. 2 21.9 14.3 12.3 St. John 17.8 25.4 17. 1 15. 1 15. 8 22. 2 14. 1 12. 1 Seattle 15.0 20.5 13. 5 11.5 Sedro Wooley . 15.9 21. 5 14. 5 12. 5 Sekia 15.8 25.9 14. 1 12. 1 Sequian 15.8 22.2 14. 2 12.2 Shaw Island 15.8 14 1 12. 1 Shelton 15. 5 21.3 14.1 12. 1 Skamokawa_ 16. 2 22. 1 14. 1 12. 1 Snohomish.. 15. 4 21.0 13.9 11.9 Snoqualmie_ 16.0 21.6 14.7 12.7 - Location Gaso¬ line, sec¬ ond grade Kero¬ sene Auto, Diesel Diesel fuel Fur¬ nace oil {* Sto vt oil Wash— Con. South Bend.... 16.3 22.0 11.8 12.8 South Tacoma. 15.0 20.5 13. 5 11.5 Spangle_ 17.8 25. 4 17. 1 15. 1 Spokane_ 17.8 24.3 16. S 14. 8 Spokane Valley. 17.8 24.3 16.8 14.8 Sprague_ 17.8 25.4 16. 8 14.8 Stevenson_ 15.9 21. 5 14.5 12. 5 Sunnyside. 10. 7 23.4 15. 5 13.5 Tacoma_ 15.0 20. 5 13. 5 11. 5 Tekoa. .. 18. 1 25.4 17.2 15.2 Toledo.. 16.2 21.9 14.7 12.7 Tonasket. 18.2 24.8 17.4 15.4 Toppenish. 16.7 23. 1 15. 5 13.5 Twisp.. 18. 2 24. 4 17.3 15. 3 Uniontown_ 18. 1 25. 0 17.2 15. 2 Vancouver_ 15.0 20.5 13. 5 11.5 Vantage...._ 17.2 23.4 16.0 14.0 Waitsburg_ 17.2 23.6 15.8 13.8 Walla Walla... 16.7 23.3 15.5 13.5 13.5 15.0 Wapato_ . 16.7 23.2 15. 5 13.5 Washtucna_ 17.2 24. 1 16.2 14.2 Water ville_ 17.7 24.6 16.4 14.4 Wenatchee_ 17.2 23.2 15.7 13.7 13.7 15. 2 Westport_ 15.3 20.8 14.3 12.3 West Seattle_ 15.0 20. 5 13.5 11.5 White Salmon.. 16. 1 22.5 14.8 12.8 Wilbur. 17.7 24.7 16.8 14 8 Willapa . ... 16.3 22.0 14. 8 12.8 Wilson Creek... 17.7 24.4 16.5 14.5 Winloek.. . . 16.2 21. 9 14. 7 12. 7 Winslow. .. 15.3 21.3 13.8 11.8 Woodland _ 15.6 21.2 14.0 12.0 Yakima.... 16.7 23. 1 15.5 13.5 13.5 15.0 Yelm_ 15.8 21.4 14.3 12.3 (b) All tank wagon prices specified herein are applicable only within each seller’s customary free delivery zone at each point. For deliveries outside of such free delivery zones to points not spe¬ cifically set out herein, sellers’ customary . delivery differentials shall apply. \ (c) Quantity differentials that may be added and must be deducted are as fol¬ lows: 400 gallons and over 200-399 gallons 40-199 gallons Under 40 gallons Second grade gaso¬ line. Kerosene... Premium automotive diesel. Diesel fuel .. Furnace oil Base price... Deduct 1 ccnts/gallon. Base price_ .do. _do. . Add 0.5 cent/gallon... Deduet 3 cer.ts/gallon A dd 0.5 eent/gallon... ..do. _do___ Add 1 cent/gallon.... Base price_ Add 1 ccnt/gallon. _ .do. _do_ Add 4 cents/gallon. Do. Add 5 cents/gallor,. Do. Do. Do. Stove oil. _do.. _do... - .do,, .. (d) For premium grades of gasoline you shally apply your customary differ¬ ential between regular and premium grades. For third grade gasoline you shall apply your customary differential between regular and third grade gaso¬ line. (e) The specific ceiling prices set forth in this section may be adjusted to re¬ flect any increases in transportation costs occurring since September 1, 1951 in accordance with section 25 of Ceiling Price Regulation 17. Sec. 3. Ceiling prices for bunker grade diesel fuel. Ceiling prices for pipeline deliveries into barges or bunkering tanks of ocean-going motor ships f. o. b. re¬ fineries or marine terminals for the enumerated localities shall be as fol¬ lows: Excluding all taxes (per barrel ) Los Angeles Harbor_$3. 44 San Francisco Harbor_ 3. 65 Portland, Oreg_ 3. 86 Seattle, Wash_ 3.86 To the above ceiling prices each seller may apply his customary differentials for quantity or method of delivery at facilities or points other than those enumerated. These ceiling prices shall not apply for cargo deliveries. Sec. 4. Ceiling prices higher than spe¬ cific prices. You may apply for a high¬ er ceiling price if your ceiling price prior to the effective date of the regulation was higher than the ceiling price set forth in this regulation, and if such higher ceiling price reflects the mainte¬ nance of a customary differential over the market price. This application shall be filed with the Regional Office of the Of¬ fice of Price Stabilization for that region in which is located the point where such higher ceiling price is applicable and shall include your name and address, product, the higher ceiling price, the de¬ livery point and a showing that the dif¬ ferential over the market has been 01 ^ ^ tomarily applied by you at this poii. Your application must be filed by regis- 81 Trans 34:1305 tered mail, return receipt requested. When your application has been received by the appropriate Regional Office of the Office of Price Stabilization, as shown by your return postal receipt, you may con¬ tinue to use such higher ceiling price until it is disapproved or modified by the Office of Price Stabilization. Szc. 5. Applicability of Ceiling Price Regulation 17. Sellers subject to this supplementary regulation shall be sub¬ ject to all the provisions of Ceiling Price Regulation 17, not inconsistent herewith. Effective date. .This supplementary regulation shall become effective July 15, 1952. Non: The reporting and record keeping requirement of this regulation have been ap¬ proved by the Bureau of the Budget In Ac¬ cordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stabilization. July 10, 1952. ■ \ ' . - r, - .... .. r • • ‘ .' < . - r ; ,-r . • : • ;• ©.til ’ ■ • ' • ' - ■ ' ' - c ■ " ■ c ■ FILE following 81 Trans 34:1305 (8-21-52) 81 Trans 34:9901 OPS PUBLIC FORM NO. 151 (8-52) PETROLEUM MARKETERS SURVEY PURSUANT TO CPR 17 AMENDMENT 7 UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION BUDGET BUREAU NO. 94-R920 APPROVAL EXPIRES APRIL 30, 1953 The individual company information reported on this form is for uso in connection with tho Do* fonso Mobilization Program. Parsons who havo access to individual company information aro subject to penalties for unauthorized disclosure. This form may be reproduced without change. r L_ n _i OPS CONTROL CODE REASONS FOR THIS REQUEST FOR INFORMATION This request for information is sent to you by your OPS District Office,on the assumption that you sell light heating oils to consumers. The Purvey initiated for collecting these data is being conducted at the specific request of industry representa¬ tives (including some of your fellow dealers) in your marketing area. Procedures for such data collection are authorized by Amendment 7 to OPS Ceiling Price Regulation 17. Its purpose is to determine whether present earnings on sales of light heating oils in your marketing area are below those of two years ago. All known independent dealers in the marketing area have received copies of this form; if any other such seller has not received a copy, he may request forms from the OPS District Office. Unless OPS receives completed forms from a sufficient number of dealers, it cannot act to consider the upward revision of present ceilings in your marketing area. There¬ fore, you Me requested to return this form, completed according to instructions, to your nearest OPS District Office. The re¬ quest for data was drawn up in consultation with representatives of your industry. It represents what they regard as the most convenient means of reporting the facts required by OPS to make a judgment as to earnings. The original copy of the form is to be returned to the OPS District Office; the second copy is for your use if you wish to retain it. In your area, only independent dealers are included in this survey. Any upward adjustments in ceiling prices, however, will apply to all sellers of heating oils to consumers. Read instructions carefully on the last page. IF YOU ARE AMY OF THE FOLLOWING, CHECK APPROPRIATE BOX. FURNISH YOUR NAME, ADDRESS, INDICATE TYPE OF OPERATION, TYPE OF ORGANIZATION. COMPLETE THE CERTIFICATION AND RETURN THIS FORM TO YOUR NEAREST OPS OFFICE. IF YOU DO NOT CHECK ONE OF THESE BOXES, COMPLETE THE FORM AND RETURN TOYOUR NEAREST OPS OFFICE. □ AN INTERGRATEO SUPPLIER (An interpreted supplier is one which is wholly-owned by a product and/or refiner) SELLING LIGHT HEATING OILS TO CONSUMER □ AN INDEPENDENT SUPPLIER NOW SELLING LIGHT HEATING OILS TO CONSUMERS BUT WITH NO BUSINESS RECORDS FOR THE PERIOD JUNE 1 . I 94» TO MAY 31 . 1 *50 (If you are a successor to any supplier you uust use his records if available) ] A NON-SELLER OF HEATING OILS TO CONSUMERS. NAME OF OPERATOR ADDRESS (No. and Street) (City, Zone, State) TYPE OF OPERATION | 1 BUfeK PLANT | | OiHER (Specify) TYPE OF ORGANIZATION | 1 CORPORATION PARTNERSHIP | | PROPRIETORSHIP 81 Trans 34:9902 OfS PUBLIC FORM NO. 1 51 (8-52) (PAGE 2) Complete this Section as nearly as possible according to your records. See instructions. Report to nearest gallon and dollarfOmit all fractions/. Report items 2 to 32 in dollars. Enter zero (O)when there is no entry. SPECIAL INQUIRY — State your present ceiling prices and the gallons that were sold during the period June 1, 1951 to May 31, 1952 or other current period used in this form for the heating oils shown below. PRODUCT CEILING P RICE GALLONS SOLD Kerosene or No. 1 Fuel Oil No. 2 Fuel Oil Range Oil Furnace Oil Stove Oil OPERATING STATEMENT ITEMS (a) JUNE 1, 1949 TO MAY 31, 1950 JUNE 1, 1951 TO MAY 31, 1952 LIGHT FUELS AT TANK WAGON LEVEL (b) ALL OTHER PRODUCTS (c) TOTAL OPERATION (d) LIGHT FUELS AT TANK WAGON LEVEL (•) ALL OTHER PRODUCTS (0 TOTAL OPERATION (») SALES 1. Quantity - TOTAL (In gallons) X X X X X X X X X X X X X X X X (A) Consumers (In gallons) X X X X X X X X X X X X X X X X (B)*Resellers (In gallons) X X X X X X X X X X X X X X X X 2* Amount - TOTAL $ s $ $ S $ (A) Consumer X X X X X X X X X X X X X X X X (B) Resellers X X X X X X X X X X X X X X X X COST OF GOODS SOLD 3. Opening inventory 4. Purchases - Total cost 5. TOTAL OF 3 AND 4 • 6. Less: Closing inventory 7* Cost of goods sold (Item 5 minus item 6) 8. GROSS P ROFIT (Difference between items 2 ana 7) EXPENSES OPERATION OF YARD 9. Wages and salaries 10. Repairs and maintenance 11. Depreciation 12. Insurance and taxes (Ex¬ cluding income taxes) 13. Other 14. TOTAL YARD EXPENSES 81 Trans 34:9903 DELIVERY AND OTHER DIRECT EXPENSES 15. Wages and sal arias $ $ $ s $ $ 16. Maintananca - Trucks 9 . 17. Dapraciation 18. Insurance, taxes, (Excluding income taxes) and licenses 19. Other on TOTAL DELIVERY AND OTHER DIRECT EXPENSES SALES EXPENSES 21. Salaries and commissions 22. Promotion, advertising and other 23. TOTAL SALES EXPENSES ADMINISTRATIVE AND GENERAL EXPENSES 24. Executive Salaries 25. Office salaries 26. Employees' benefits end welfare 27. Other 28. TOTAL ADMINISTRATIVE AND GENERAL EXPENSES 29. TOTAL OPERATING EXPENSES 30. NET PROFIT OR (LOSS) ON SALES 31. BURNER SERVICE • NET PROFIT (LOSS) xxxx ' xxxx 32. NET OPERATING PROFIT OR (LOSS) PERCENTAGE CALCULATIONS 33. SALES 100.0 100.0 100.0 100.0 100.0 100.0 34. COST OF GOODS SOLD 35. TOTAL OPERATING EXPENSES 3i 8i T (L 0 o p s!f AT,NG PR0F,T • 37. IF THERE WERE ANY INCREASES OR DECREASES IN WA6ES, EMPLOYEE BENEFITS, OR OTHER EXPENSES DIRECTLY RELATED TO LABOR COSTS, DURING OR SINCE YOUR FISCAL YEAR ENDING IN 1952, ATTACH A SEPARATE STATEMENT SHOWING WHAT YOUR EXPENSES FOR HANDLING LIGHT FUEL OILS (Shown in column (*)) WOULD HAVE BEEN IF YOUR CURRENT RATES HAD BEEN IN EFFECT THROUGHOUT YOUR FISCAL YEAR ENDING IN 1952. THIS STATEMENT SHOULD INCLUDE, IN ADDITION TO THIS ESTIMATE, THE RATES USED TO COMPUTE DATA IN COLUMNS (E), (F) AND (G), THE MOST RECENT WAGE RATES AND THE DATE APPROVED BY THE WAGE STABILIZATION BOARD. 38. ATTACHMENTS * A. List for the two reporting periods quantities ( where applicable ) and dollar value of sales by major classifications of your products and services other than for light heating oils. B. List for light heating oils the number of gallons and cost of (a) inventories at the beginning and end of each report¬ ing period and of (b)purchases during each period. Show this broken down bytypesof products (kerosene. No. 1 and No. 2 fuel oils, furnace oil, stove oil and range oil). I certify that the information given in this form is true and correct to the best of my knowledge and belief. NOTICE - A, willfully false statement is a criminal offense. ^_SI GNATURE OF OWHER OR AUTHORIZED AGENT TITLE DATE •UPL Public form no. i si (•-52) (page 3) > 81 Trans 34:9904 INSTRUCTIONS FOR OPS PUBLIC FORM NO. 151 All questions in reference to presentation of data should be referred to your OPS District or Regional Office. SUBSTITUTION OF ANOTHER FISCAL YEAR.U your records are not maintained on a June 1, 1949 to May 31, 1950 and June 1,1951 to May 31, 1952 basis, you may substitute data based on the fiscal year July 1, 1949 to June 30, 1950 and July 1, 1951 to June 30, 1952. The change in period dates should be noted on the form by substituting these dates for those appearing on top of columns (b) to (g). Substitution of Certain DaU. Those marketers unable to supply detailed data as called for in items 9-13, 15-19, 21-22, 24-27 should supply group total* as called for in items 14, 20, 23 and 28 together with detail of these totals as carried on their records. ITEMS 1 AND 2 — SALES ileport the gallonage and amount of your sales at the tank wagon level of light oils, that is, kerosene. No. 1 and No. 2 fuel oils, furnace oil, stove oil, and range oil, to resellers, consumers, and total for each period in items 1 (A), 1 (IB), 2 (A) and 2 (B). If you conduct a retail business only, your deliveries of light fuels should be reported as sales to con¬ sumers. Report the amount of other product sales under all other products (columns (c) and (f)). JJader this column you would in* elude such other petroleum produ'ets as gasolines, lubricants, light oils to industrial consumers at other than tank wagon level. No. 4, 5 and 6 fuel oils, solid fuels, building supplies, TBA items, road and drive-way supplies and equipment, and such other items as go to make up your total business. Do not include in this column your oil burner service activities, as the net gain or loss incurred in this service should be reported in item 31. In the columns (d) and (g) “total operations,” report the com¬ bined total for light fuels and all other products or business- activities. ITEMS 3 TO 7—COST OF GOODS SOLD Show in the columns provided therefor the value of your opening and closing inven¬ tories, cost of purchases f.o.b. your plant and gross operating profit. If you conduct a direct retail operation only, the chances are you purchase supplies as you sell them. This being the case, you would have only the one figure to report and that is the cost of your purchases “under the rack.” ITEM 8—GROSS PROFIT Your gross profit is the difference be¬ tween the total amount of your sales (item 2) and cost of goods sold (item 7). If item 7 is greater, it should be entered as a minus figure. EXPENSES Careful segregation of expenses should be made between light fuels and all other products or business activities. If cer¬ tain items apply to your entire business and have not been allo¬ cated on any other basis, they should be distributed on the basis of relative sales values. In any-event, you must show your net operating profit on light fuels and other activities. Identical bases of allocation must be follbwed in both periods or a satis¬ factory explanation furnished of any change. For the most part, you will find the various expense items listed to be self-explanatory. However, certain elements msv re¬ quire some additional comments. ITEM 9 TO UrOPERATION OF YARD If you conduct an inte¬ grated business such as purchasing supplies from a primary terminal supplier and maintain terminal and bulk plant facilities, you will have expenses to report for operation of these facilities, which are in addition to your regular truck delivery services. ITEMS 15 TO 2 (DELIVERY AND OTHER DIRECT EXPENSES The expenses incurred by you in making deliveries of light fuels to consumers should be reported under this caption. Expenses of your other activities should be reported in the column provided for all other products. ITEM 21 TO 23—i SALES EXPENSES Your selling expenses should be reported under this caption. If it is impractical for you to segregate selling expenses from other expense items such as office and officers’ salaries, they should be reported according to your own accounting classification. Report under the proper caption all promotional advertising incurred by your organiza¬ tion in its selling campaigns. ITEMS 24 TO 28-ADMINISTRATIVE AND GENERAL EXPENSES All expenses of an administrative and overhead nature should be reported under this caption. No doubt, for certain items applicable to your entire business, it will be necessary to employ an arbitrary basis of allocation. The proportion of dollar income for total light fuel sales (in dollars) to all sales (in dollars) is recommended as an arbitrary basis of allocation where none is normally employed. ITEM 29— TOTAL OPERATING EXPENSE The amount to be entered on this line is the combined total of items 14, 20, 23 and 28. ITEM 30 -NET PROFIT OR (LOSS) ON SALES The amount to be entered on this line is the difference between the gross profit (item 8) and total operating expense (item 29). ITEM 31— OIL BURNER SERVICE Most distributors of light heating oils conduct a service department to take care of their customers’ furnaces and storage facilities. As the methods and charges vary with localities and kind of service rendered, only the net profit you incurred in this department should be reported. ITEM 32 —NET OPERATING PROFIT OR LOSS Your net profit or loss is determined after adjusting the net operating profit on sales by the profit or loss incurred in burner service department. ITEMS *33 to 36-PERCENTAGE CALCULATIONS Calculate the percentage of cost of sales, total expenses and net operating profit as determined for your business in each fiscal period. To get the percentage in items 34, 35 and 36, divide (a) your cost of goods sold (item 7), (b) total operating expenses (item 28) and (c) net operating profit (or loss) (item 32) by item 2. FILE following 81 Trans 34:9 (4-13-51) 81 Trans 35:1 Coal Sold for Direct Use as Bunker Fuel Ceiling Price Regulation 21 APRIL 10, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 21] CPR 21— Coal Sold for Direct Use as Bunker Fuel Pursuant to the Defense Production Act of 1950 (Public Law 774, 81st Cong.), Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency Gen¬ eral Order No. 2 (16 F. R. 738), this Ceil¬ ing Price Regulation 21 is hereby issued. STATEMENT OF CONSIDERATIONS The supplying of coal for use as bunker fuel is a specialized problem from the standpoint of coal marketing. While bunkering takes place at tidewater ports throughout the year, in the case of coal supplied to vessels on the Great Lakes, it is a seasonal occupation, being limited to the period of navigation on those lakes, generally being confined to the period beginning the middle of March and ex¬ tending to the middle of December. Coal is supplied to the vessels from railroad car dumps, from lightering vessels and from docks. Prices of bunker fuel represent the mine price plus transportation costs and handling charges. Because of the close relationship with mine prices, it is fair and reasonable to base ceiling prices for bunker fuel on the same twelve months period prior to the Korean outbreak as was found representative insofar as f. o. b. mine prices f-or the bituminous coal industry are concerned. Ceiling prices at the mine, one of the principal components of the bunker fuel price, have advanced pursuant to the authority of Ceiling Price Regulation No. 3 made effective on February 1, 1951. The effect of these prices is to shrink the gross margin of the supplier of bunker fuel because his prices heretofore have been subject to the general price freeze. Similarly, freight rates represent an¬ other principal component in the bunker fuel price. Increases in these transpor¬ tation costs have to be absorbed by the supplier unless provision is made for them in addition to the bunker price. Since suppliers are not in a position to absorb such costs they are authorized to include increases in transportation costs that have taken place since/ the end of the base period to the effective date of this regulation, including freight rate additions of April 4, 1951. In the case of bunker fuel supplies at tidewater ports, it is imperative that there must be no delay or interruption in servicing vessels carrying arms and supplies to our armed forces overseas or to vessels carrying supplies to those countries receiving economic and mili¬ tary aid from the United States. In the case of bunker fuel supplies for vessels on the Great Lakes, it is vitally necessary that such fuel in ample quantity be available at the time of the opening of navigation so that there will be no delay in the movement of vessels to the head of the lakes for the transportation of iron ore to our steel plants and it is equally imperative that supplies be un¬ interrupted throughout the season of navigation in order that the requisite amounts of iron ore and other commodi¬ ties may be transported over the Great Lakes system. The establishment of ceiling prices on bunker fuel based on the highest price received by the supplier of bunker fuel during the base period (July 1, 1948, through June 30, 1949), generally places the bunker fuel supplier in the same relation to his suppliers as existed during that period because f. o. b. mine prices are frozen at the highest levels existing during the same base period. In keep¬ ing with the provisions of Ceiling Price Regulation No. 3, it is reasonable to per¬ mit the supplier of bunker fuel to in¬ crease his prices by the increase in costs incurred by his supplier as a result of the wage advance of February 1, 1951, and it is also reasonable to permit him to increase his price by the increase in transportation charges over those which existed in the base period of July 1, 1948, to June 30, 1949. Such a basis for ceil¬ ing' prices for suppliers of bunker fuel will promote stability and efficiency in that branch of the coal industry. Like Ceiling Price Regulation No. 3 in respect to bituminous coal producers, this regu¬ lation establishes for bunker fuel sup¬ pliers a ceiling weighted average realiza¬ tion for each size, grade, grouping or classification of coal at each facility or group of facilities. This realization is the same as that obtained in the period July 1, 1948 to June 30, 1949, and may be adjusted to reflect the increases per¬ mitted by the regulation, and may not be exceeded in any 12-month period be¬ ginning April 1, 1951. This control in price levels provides an effective means of price stabilization. FINDINGS OF THE DIRECTOR OF PRICE STABILIZATION In the judgment of the Director of Price Stabilization the provisions of Ceil¬ ing Price Regulation No. 21 are generally fair and equitable and are necessary to effectuate the purpose of Title IV of the Defense Production Act of 1950. So far as practicable the Director of Price Stabilization gave due considera¬ tion to the national effort to achieve maximum production in furtherance of the objectives of the Defense Produc¬ tion Act of 1950 to prices prevailing during the period from May 24, 1950, to June 24, 1950, inclusive; and to relevant factors of general applicability. In formulating this regulation the Di¬ rector has consulted with representatives of the industry to the extent practicable under the circumstances, and has given consideration to their recommendations. REGULATORY PROVISIONS Sec. 1. Applicability of regulation. 2. Definitions. 3. Prohibition against selling at prices above the ceiling. 4. Ceiling prices and celling weighted aver¬ age realization. 5. Procedure for establishing ceiling prices and ceiling weighted average realiza¬ tion for new suppliers of bunker fuel. 6. Less than ceiling prices. 7. Evasion. 8. Reporting, invoicing and record-keeping requirements. 9. Petitions for amendments. 10. Taxes. 11. Enforcement. Authority: Sections 1 to 11 issued under sec. 704, Public Law 774, 81st Cong. Interpret or apply Title IV, Public Law 774, 81st Cong., E. O. 10161, Sept. 9, 1950, 15 F. R. 6105. Section 1. Applicability of regulation. This regulation establishes ceiling prices and ceiling weighted average realization for coal sold as bunker fuel both at points on the Great Lakes and their con¬ necting or tributary waters and at points at tidewater. Sec. 2. Definitions. When used in this regulation, the term: (a) “Person” includes an individual, corporation, partnership, association or any other organized group of persons or legal successor or representative of any of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing; (b) “Coal” mearvs (1) Bituminous coal, including all bituminous, semi-bitu¬ minous and sub-bituminous coal; (2) lignite; (3) Virginia anthracite coal; and (4) Pennsylvania anthracite. (c) “Bunker Fuel” means coal used aboard a vessel for consumption thereon. (d) “Supplier of bunker fuel” means any producer, distributor, retailer, bunk¬ er agent or other person (and an agent of any of them) who sells or disposes of bunker fuel and delivers or procures the delivery of the same to vessels at points on the Great Lakes and their con¬ necting or tributary waters or at tide¬ water for immediate use as bunker fuel, and who incurs the duties and risks at¬ tributable to the handling of bunker fuel. It does not include persons who sell coal to another person for general use or for delivery by such other person as bunker fuel. Delivery may be from a mine or a preparation plant operated as an adjunct of a mine or mines, or from a yard, dock, pier, elevator, bin, or other terminal facility or from a transporta¬ tion vehicle or vessel. 81 Trans 35:2 (e) “Points on the Great Lakes and their connecting or tributary waters” means any port, point or place on Lake Superior, Michigan, Huron, Erie, and Ontario, the waters connecting those lakes, the St. Lawrence River, and those tributaries of the enumerated lakes which are not included in the inland waterways system. (f) “Points at tidewater” means any tidewater port, point, or place on the At¬ lantic and Pacific Coasts of continental United States, and the coast of conti¬ nental United States on the Gulf of Mexico. (g) “Ton” means a short or net ton of 2,000 pounds. (h) “Base Period” means (1) for all coal produced east of the Mississippi River, the period from July 1, 1948, to June 30, 1949, inclusive; (2) for all coal produced west of the Mississippi River, the period March 1,1950, to December 31, 1950, inclusive. (i) “Ceiling price” means the highest price applicable to a particular size, grade, grouping, or clasification of coal determined in accordance with the pro¬ visions of this regulation. (j) “Realization” is the gross amount of money or value received or debited to the account of the supplier in the sale of bunker fuel (including commissions and discounts). Sec. 3. Prohibition against selling, de¬ livering or otherwise disposing of bunker fuel at prices above the ceiling. On or after the 10th day of April, 1951, regard¬ less of any contract, agreement, lease or other obligations: (a) No person who is a supplier of bunker fuel shall sell, deliver or other¬ wise dispose of bunker fuel to any person at prices higher than the ceiling prices determined in accordance with the pro¬ visions of this regulation. (b) No«person shall, in the course of trade or business, buy or receive such bunker fuel at prices higher than the ceiling prices determined in accordance with the provisions of this regulation. (O No person shall agree, offer, solicit, or attempt to do anything prohibited in paragraphs (&) and (b) of this section. Sec. 4. Ceiling prices and ceiling weighted average realization, (a) The ceiling prices for each supplier of bunker fuel for each size, grade, grouping or classification of coal at each place or facility, as established by previous mar¬ keting practices, shall be the highest price charged by such supplier of bunker fuel for each size, grade, grouping or classification of coal sold for bunker fuel use at each place or facility during the base period. (b) The prices charged for each size, grade, grouping or classification of coal at each place or facility where such coal is delivered shall be such that the weighted average realization per ton ob¬ tained by the supplier of bunker fuel for the 12-month period commencing April 1, 1951, and ending March 31, 1952, and for each 12-month period beginning on the. first day of each succeeding month, commencing May 1, 1951, for each such size, grade, grouping or classi¬ fication at each such place or facility shall not exceed the weighted average realization obtained by the supplier of bunker fuel from the sale, delivery or other disposal of each such size, grade, grouping or classification at each place or facility during the base period. (c) The supplier of bunker fuel shall determine his ceiling weighted average realization for the base period for each size, grade, grouping or classification of coal at each place or facility where such coal is delivered by dividing the realiza¬ tion received from sales of bunker fuel by the number of tons so sold. (d) The ceiling prices and ceiling weighted average realization determined in accordance with the provisions of this regulation for each size, grade, grouping or classification at each place or facility may be increased by an amount not exceeding the actual dollar-and-cents per ton increase in (1) transportation costs, rail and/or water from the mine to the point of delivery, that have be¬ come effective since the base period and not later than the effective date of this regulation; (2) the cost of coal, f. o. b. the mine, charged by the principal sup¬ plier who furnished the principal sup¬ ply of each size, grade, grouping or clas¬ sification at each place or facility dur¬ ing a prior representative period, pro¬ vided such increased cost of coal re¬ sulted from any wage and salary ad¬ vances and other items related to the payroll which became effective on or after January 1, 1951, and prior to July 1, 1951, under the authority of Ceiling Price Regulation No. 3 (Coal, except Pennsylvania Anthracite, Delivered from Mine or Preparation Plant) and Ceiling Price Regulation No. 4 (Anthracite De¬ livered from Mine or Preparation Plant), both issued by the Director on February 1, 1951. (e) The ceiling prices and ceiling weighted average realization determined pursuant to the provisions of this section may, at the option of the supplier of bunker fuel, be determined and estab¬ lished for a group of places or facilities where the selling prices for each size, grade, grouping or classification of coal have been uniform at each place or fa¬ cility in the group by prior custom and practice in the marketing of bunker fuel. Sec. 5. Procedure for establishing ceil¬ ing prices and ceiling weighted average realization for new suppliers of bunker fuel, (a) In the event a supplier of bunker fuel was not in business, did not sell a particular size, grade, grouping or classification of coal, or did not act as a supplier of bunker fuel at a specific place or facility during the base period, he may file an application, in duplicate, seeking the establishment of ceiling prices and ceiling weighted average real¬ ization that are fair and equitable. Such application shall set forth, among other things, the name and principal address of the applicant, the port or ports at points on the Great Lakes and their con¬ necting or tributary waters and points at tidewater at which he intends to sell, deliver, or otherwise dispose of bunker fuel, the particular size, grade, grouping or classification for which ceiling prices or ceiling weighted average realization are requested, and the price or realiza¬ tion amount which the applicant pro¬ poses therefor; and the applicant shall furnish the same information, including the ceiling prices and ceiling weighted average realization, for another sup¬ plier of bunker fuel performing the same services and operating the same or similar places or facilities. (b) The Director may request any other information deemed necessary by him to a fair and reasonable determina¬ tion of the issues raised in the applica¬ tion. (c) For 60 days after filing the appli¬ cation the applicant may sell bunker fuel at temporary ceiling prices no higher than the ceiling prices established under this regulation for the bunker fuel sold by another supplier of bunker fuel per¬ forming the same services and operating in the same or similar places or facili¬ ties. After 60 days from the filing of the application, if no action has been taken by the Director, the prices as requested in the application shall be the ceiling prices for such bunker fuel. The filing date herein shall be the date on which the application is received by the Direc¬ tor in the principal office of the Office of Price Stabilization, Washington, D. C. (d) The Director may at any time re¬ view and revise ceiling prices or ceiling weighted average realizations proposed or established under this section if they appear to be inconsistent with the pro¬ visions of this regulation. Sec. 6. Less than ceiling prices. Lower prices than those established under this regulation may be charged, demanded, paid or offered. Sec. 7. Evasion. The price limitations set forth in this regulation shall not be evaded, whether by direct or indirect methods, in connection with an offer, solicitation, agreement, sale, delivery, purchase or receipt of or relating to bunker fuel alone or in conjunction with any other commodity or by way of com¬ mission, service, transportation, or other charge, or discount, premium or other privilege, or by tie-in agreement or other trade understanding, or by the making of excessive charges for trucking or otherwise. Persons subject to the regu¬ lation shall continue to observe their customary and standard cash discount practices. Sec. 8. Reporting, invoicing and record-keeping requirements, (a) Each person subject to this regulation shall keep on file invoices, sales data and any other records necessary to substantiate the ceiling prices and ceiling weighted average realization, and shall preserve and keep said invoices, sales data and records available for inspection by the Director for a period of two years. (b) Each supplier of bunker fuel shall report to the Director, by letter, within 30 days after the effective date of this regulation, his (1) ceiling prices and ceiling weighted average realization for the base period computed under the pro¬ visions of sections 4 (a), (c) and (e) of this regulation; (2) each adjustment au¬ thorized under section 4 (d) of this regu¬ lation; and (3/ the sum of (1) and (2), being the adjusted ceiling prices and ceiling weighted average realization. 81 Trans 35:3 (c) Each supplier of bunker fuel shall file a certified statement, by letter, of his ceiling prices, including adjustments, if any, determined in accordance with the provisions of this regulation with the Director and with the regional office or offices of the Office of Price Stabilization in the region or regions where the coal is delivered, within 30 days after the ef¬ fective date of this regulation. (d) Each person subject to this regula¬ tion shall furnish to each person to whom he sells bunker fuel an invoice stating the ceiling price established by this regulation separately from any other charge or a certified statement that the prices charged do not exceed the ceiling prices established under this regulation. Sec. 9. Petitions for amendment, (a) Any person seeking an amendment to any provision of this regulation may file a petition in accordance with the provi¬ sions of Price Procedural Regulation No. 1 issued by the Economic Stabilization Agency and with the provisions of this regulation. Sec. 10. Taxes. There may be added to the applicable ceiling price the amount of any transportation tax or sales, gross receipts, gross proceeds or use tax levied by any statute or ordinance, under which the tax is measured by gross proceeds or units of sale, only if the statute or ordi¬ nance permits or requires the seller to state the tax separately and the„ seller does state it separately on his invoice or other memorandum of sale, and only if the seller customarily added the amount of such tax to the ceiling price and separately stated the tax on his in¬ voice prior to the effective date of this regulation. Sec. 11. Enforcement. Persons vio¬ lating any provision of this regulation are subject to the criminal penalties, and enforcement actions, and suits for damage provided for by the Defense Pro¬ duction Act of 1950. Effective date. This regulation shall become effective on April 10, 1951. Note. The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Edward F. Phelps, Jr., Acting Director of Price Stabilization . April 10, 1951. O P0 6^-380105 ' ... FILE following 81 Trans 35:3 (1-15-53) 81 Trans 35:5 Increased Transportation Costs OFFICE OF PRICE STABILIZATION Ceiling Price Regulation 21 Amendment 1 JANUARY 15. 1953 WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter ill—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 21, Amdt. 1| CPR 21—Coal Sold for Direct Use as Bunker Fuel INCREASED TRANSPORTATION COSTS Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 and Economic Stabilization Agency General Order No. 2, this Amendment 1 to Ceiling Price Regulation 21 is hereby issued. STATEMENT OF CONSIDERATIONS CPR 21 covers the operations of bunker fuel suppliers. Nearly all of them are lake dock operators (CPR 27) or tidewater dock operators (SR 4, GCPR) and some are retail coal dealers (SR 2, Rev. 1 GCPR). Prior to this amendment CPR 21 has permitted bunker fuel suppliers to add to their ceil¬ ing prices previously established the actual dollars-and-cents amount of in¬ crease in transportation costs which be¬ came effective after the base period but not later than the effective date of the regulation, i. e., April 10, 1951. This amendment eliminates the cut-off date so that all transportation cost increases which have or may occur after the base period may be passed on by the bunker fuel supplier, provided that such in¬ creases are authorized by the Director, the Interstate Commerce Commission, or other regulatory body. Transportation costs account for 30 percent to 50 percent of the cost of ac¬ quisition of bunker fuels. Where trans¬ portation costs constitute such a sub¬ stantial part of the total delivered costs of a commodity it has been found neces¬ sary in other regulations to permit a pass-through of increased freight costs— e. g. GCPR, SR 2 (Retail Coal Dealers), GCPR, SR 4 (Tidewater Coal Dock Dealers), and CPR 27 (Lake Coal Dock Operators). The increased transporta¬ tion costs incurred by bunker fuel sup¬ pliers are the same as those incurred by retail coal dealers, tidewater coal dock dealers, and lake coal dock opera¬ tors. This amendment provides similar treatment for bunker fuel suppliers as has been given to other solid fuels deal¬ ers, and removes any possible discrimi¬ nation which may heretofore have existed. In order to maintain the relationship between ceiling prices and ceiling weighted average realization, bunker fuel suppliers may also add the same dollar-and-cents amount of transpor¬ tation cost increases to the ceiling weighted average realization established under CPR 21. In the judgment of the Director of the Office of Price Stabilization, the provi¬ sions of this amendment are generally fair and equitable, and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. So far as practicable the Director of Price Stabilization gave due considera¬ tion to the national defense effort to achieve the maximum production in the furtherance of the objectives of the Defense Production Act of 1950, as amended. In the formulation of this amendment there has been consultation with indus¬ try representatives, including trade as¬ sociation representatives, to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS Ceiling Price Regulation 21 is hereby amended in the following respect: 1. Section 4 (d) (1) is amended to read as follows: < 1) transportation costs, rail and/or water from the mine to the point of delivery that has or may become ef¬ fective since the base period, Provided, Such increase in transportation costs was authorized by the Director, an order of the Interstate Commerce Commission, or any regulatory body of a state, terri¬ tory or possession of the United States, And provided further, That the authority to increase the ceiling weighted average realization and the ceiling prices of each size, grade, grouping or other classifica¬ tion by the exact amount of increase in transportation costs shall be effective only upon receipt by the supplier of bunker fuel of a carrier’s invoice, freight bill or other statement of transporta¬ tion charges for each such size, grade, grouping or other classification, reflect¬ ing the increased freight charges and required to be oaid by the supplier of bunker fuel. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 1 shall become effective January 15, 1953. Joseph H. Freehill, Director of Price Stabilization. January 15, 1953. A 9«t • i - - - ■ - ' ■ FILE following 81 Trans 35:3 (5-4-51) 81 Trans 36:1 Lake Coal Dock Operators Ceiling Price Regulation 27 MAY 1, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 27] CPR 27— Lake Coal Dock Operators Pursuant to the Defense Production Act of 1950 (Public Law 774, 81st Cong.), Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Ceiling Price Regulation 27 is hereby is¬ sued. STATEMENT OF CONSIDERATIONS . The coal docks located on the United States bank of Lake Superior and on that part of the west bank of Lake Mich¬ igan north of and including Waukegan, Illinois, have been aptly referred to as the coal mines of the Northwest. Elab¬ orate facilities are utilized by such docks to handle, prepare and size coal to meet the varied needs of the Northwest area supplied by the docks. Except for the physical distance of such a dock from the coal mines which supply it, the dock and its facilities might well be consid¬ ered “a preparation plant which is an adjunct of a mine or mines” within the meaning of Ceiling Price Regulation No. 3 (Coal, except Pennsylvania Anthra¬ cite, Delivered from Mine or Preparation Plant). Since the overwhelming preponder¬ ance of the solid fuel tonnage handled or prepared on these docks and sold from them is the coal subject to Ceiling Price Regulation No. 3 (when sold by the pro¬ ducer f. o. b. the mine to the dock opera¬ tor) it is appropriate that the pattern of this regulation should follow so far as practicable the pattern of Ceiling Price Regulation No. 3. In this way, the ceiling prices for coal sold from the docks will be reasonably related to the ceiling prices which the dock operators may have to pay to the producer under Ceiling Price Regulation No. 3. The basic pattern of Ceiling Price Regula¬ tion No. 3 in respect to base period, the period on the basis of which ceilling prices are determinable, and ceiling weighted average realization are sub¬ stantially followed in this regulation. Some reasonable modifications in the basic pattern have been made in order to accommodate it to the distinguishing features of the lake dock coal trade, in¬ cluding (a) the problems incident to the fact that the lake docks handle normally coals from many different mines which produce coals of varying grades and sizes and (b) the fact that the ceiling prices at the mine, one of the principal com¬ ponents of the lake coal dock operators’ prices, have advanced pursuant to the authority of Ceiling Price Regulations Nos. 3 and 4, which became effective on February 1, 1951. The early and orderly establishing of ceiling prices will permit the lake dock operators to proceed efficiently to make the arrangements which now have to be made for the purchase of coal and for water transportation facilities in order to assure that the 1951 season of lake navigation will be utilized effectively to provide for the coal needs of the indus¬ tries and other consumers of the North¬ west who are dependent on the lake dock operators for their supply. A relatively small amount of Pennsyl¬ vania anthracite, coke, briquets and packaged fuel is sold from the lake docks and adjacent facilities and those solid fuels are also covered by this regulation. The regulation provides that the ceil¬ ing prices shall be the highest prices charged for any size, grade, grouping or other classification of coal sold at a dock during the base period or the period Jan¬ uary 1 to 15, 1951, and that the ceiling weighted average realization shall be that obtained during the base period. These ceilings may be increased by the per-ton amount of increase in the f. o. b. mine cost of the principal supplier in the base period or the 1950 season of lake navigation resulting from recognized wage and salary advances which become effective on or after January 1, 1951, and prior to June 30, 1951. Transportation costs represent an im¬ portant component in the cost of solid fuels at the lake docks. Substantial in¬ creases in transportation rates have oc¬ curred since the base period, including a recent increase in railroad freight rates up to six cents per net ton (seven cents per gross ton). Furthermore, lake vessel rates are likely to increase to some ex¬ tent as a result of a Supplementary Reg¬ ulation 12 to the General Ceiling Price Regulation, which became effective on March 14,1951. However, this regulation does not authorize these transportation cost increases to be reflected in the ceil¬ ing prices. Increases in labor and other costs in¬ curred by the lake coal dock operator, likewise, may not be added to the ceiling prices. The industry is not prejudiced, however, from applying in the future for increases to reflect transportation or other cost increases in the light of the prevailing standards in effect for grant¬ ing adjustments. FINDINGS OF THE DIRECTOR OF PRICE STABILIZATION In the judgment of the Director of Price Stabilization the provisions of Ceiling Price Regulation No. 27 are gen¬ erally fair and equitable and are neces¬ sary to effectuate the purposes of Title IV of the Defense Production Act of 1950. So far as practicable the Director of Price Stabilization gave due considera¬ tion to the national effort to achieve maximum production in furtherance of the objectives of the Defense Production Act of 1950; to prices prevailing during the period from May 24, 1950, to June 24, 1950, inclusive; and to relevant factors of general applicability. In formulating this regulation the Di¬ rector has consulted with representa¬ tives of the industry to the extent prac¬ ticable under the circumstances, and has given consideration to their rcommen- dations. Sec. 1. Applicability of regulation. 2. Definitions. 3. Prohibition against selling, delivering or otherwise disposing of coal at prices above the ceiling. 4. Ceiling prices and ceiling weighted aver¬ age realization. 5. Retail sales and dock handling services. 6. Procedure for establishing ceilings on new products. 7. Transportation charges. 8. Taxes. 9. Interest rates on overdue -accounts. 10. New operator or owner. 11. Less than ceiling prices. 12. Evasion. 13. Sales agents and distributors. 14. Reporting, invoicing and record-keeping requirements. 15. Petitions for amendment. 16. Enforcement. Authority: Sections 1 to 16 issued under Sec. 704, Public Law 774, 81st Cong. In¬ terpret or apply Title IV, Public Law 774, 81st Cong., E. O. 10151, Sept. 9, 1950, 15 F. R. 6105; 3 CFR, 1950 Supp. Section 1. Applicability of regulation. This regulation establishes ceiling prices and ceilings on weighted average realiza¬ tion for solid fuels received at and sold from docks on the United States bank of Lake Superior and on that part of the west bank of Lake Michigan north of and including Waukegan, Illinois, except that it shall not apply to sales of vessel fuel or retail sales, nor does it cover pric¬ ing of coke, briquetts or packaged fuel at the producing level. Sec. 2. Definitions. When used in this regulation, the term: (a) “Person” includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative of any of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing; (b) “Lake Dock Operator” means any person (including an operator who is the same person as the producer) who (in person or by an agent) handles, stores and/or prepares solid fuel on a lake dock or at facilities which are an adjunct of such dock and sells such solid fuel for 81 Trans 36:2 its own account in not less than cargo or carload lots, or the equivalent thereof, at or for delivery from such lake dock or facilities. (c) "Retail coal dealer” means any person (including the retail outlet, branch or department of one who is also a lake dock operator) to the extent that he sells, delivers or disposes of solid fuel in a transaction involving the disposal of solid fuel physically handled in a truck, wagon or other less-than-carload facility without regard to quantity or frequency of delivery. "Retail sales” mean sales of solid fuel by a retail solid fuel dealer. (d) “Producer” means a person en¬ gaged in the business of mining or pre¬ paring coal at a preparation plant which is an adjunct of a mine or mines, or in producing coke, semi-distilled coal, briquets, packaged fuel or petroleum coke; and any person acting as an agent of a producer. (e) "Distributor”, as used herein, means a person who purchases solid fuel from a lake dock operator for resale, and resells the same in not less than cargo or railroad carload lots, or the equiva¬ lent thereof, without physically han¬ dling such solid fuel; and any person acting as an agent of such distributor in the sale of solid fuel; (f) “Sales Agent”, as used herein, is a person who as agent of a lake dock operator sells solid fuel for or on behalf of the lake dock operator; (g) “Coal” means (1) bituminous coal, including all bituminous, semi- bituminous and sub-bituminous; (2) Virginia anthracite; and (3) Pennsyl¬ vania anthracite; (h) “Solid fuel” means (1) coal; (2) coke; (3) briquets and semi-distilled coal; and (4) packaged fuel: (i) “Ton” means a short or net ton of 2,000 pounds; (j) “Base period” means: the period from July 1, 1948, to June 30, 1949, inclusive; (k) “Realization” is the gross amount of money or value received or debited to the account of the lake dock operator in the sale of solid fuel and shall include the total price charged by the lake dock operator (including commissions to sales agents and discounts to distributors) ; (l) “Open market sales” shall include solid fuel sold, delivered or otherwise disposed of by rail, truck, barge or other method of transportation pursuant to an arms-length transaction and shall not include solid fuel sold or transferred to the retail yard and/or department of a lake dock operator, or controlled sales. “Controlled sales” means sales for con¬ sumption by the buyer (1) where the re¬ lationship between lake dock operator and buyer is that of a wholly-owned or controlled subsidiary and parent corpo¬ ration, or (2) where there is common ownership or control of the lake dock operator and buyer in a third party, or (3) where the relation between lake dock operator and buyer for any similar rea¬ son is such that the sale is non-competi¬ tive, and is generally termed “captive” sales; (m) “Ceiling price” means the high¬ est price applicable to a particular size, grade, grouping or other classification of solid fuel determined in accordance with the provisions of this regulation. Such ceiling price shall include commissions to sales agents and discounts to distrib¬ utors and shall be an f. o. b. dock price. (n) “F .o. b. mine” and “f. o. b. plant” mean free on board transportation fa¬ cilities at a mine, a preparation plant, ovens and other plant or loading facili¬ ties (not including ground storage facili¬ ties). Sec. 3. Prohibition against selling, de¬ livering or otherwise disposing• of. solid fuel at prices above the ceiling. On and after the 1st day of May, 1951, regardless of any contract, agreement, lease or other obligation: (a) No person who is a lake dock operator or distributor shall sell, dispose, deliver or ship solid fuel from a lake dock or facilities operated as an adjunct of a lake dock at prices higher than the ceil¬ ing prices determined in accordance with the provisions of this regulation. (b) No person shall, in the course of trade or business, buy or receive such solid fuel so delivered or shipped at higher prices than the ceiling prices de¬ termined in accordance with the pro¬ visions of this regulation. (c) No person shall agree, offer, solicit, or attempt to do anything pro¬ hibited in paragraphs (a) and (b) of this section. Sec. 4. Ceiling prices and ceiling weighted average realization, (a) The ceiling price for each lake dock (to which this regulation is applicable) for any size, grade, grouping or other classifica¬ tion of solid fuel, as established by pre¬ vious marketing practices, which may be charged under this regulation shall be the highest price received for solid fuel in the same size, grade, grouping, or other classification in the base period or in the period January 1-15, inclusive, 1951. Each lake dock operator shall file a certified statement, by letter, of these ceiling prices, to include such ceiling prices, as are derived from distributors’ sales, with the Director and with the regional office or offices of the Office of Price Stabilization in the area or areas to which the lake dock operator’s solid fuel is shipped, within 30 days after such prices become effective, in accordance with instructions issued by the Director, as provided in section 14 of this regula¬ tion. (b) On and after the effective date of this regulation the prices charged for the solid fuel sold from a lake dock (to which this regulation is applicable) shall be such that the weighted average realiza¬ tion per ton by the lake dock operator for the 12-month period commencing May 1, 1951, and ending April 30, 1952, and for each 12-month period beginning on the first day of each succeeding month, commencing June 1, 1951, shall not exceed the weighted average realiza¬ tion obtained by the lake dock operator from the sale, delivery or other disposal of solid fuel during the base period. (c) The lake dock operator shall de¬ termine his ceiling weighted average realization for the base period for any such dock (1) by dividing the realization received from sales of solid fuel on the open market by the number of tons so sold or (2) by dividing the realization received from the sale of the sizes, grades, groupings or other classifications of solid fuel on the open market by the number of tons so sold. The lake dock operator shall file a certified statement of the ceil¬ ing weighted average realization so de¬ termined with the Director, as required by section 14 (a) of this regulation. (d) The ceiling prices and ceiling weighted average realization determined for a lake dock in accordance with the provisions of this regulation may be in¬ creased as follows: (1) For each size, grade, grouping or other classification of solid fuel sold and delivered by a lake dock operator by an amount not exceeding the actual dollar- and-cents per ton amount of increase in the f. o. b. mine or f. o. b. plant cost on each such size, grade, grouping, or other classification permitted to be charged by the supplier who furnished the prin¬ cipal supply of each such size, grade, grouping, or other classification to the lake dock operator during the lake dock operator’s base period or the 1950 sea¬ son of lake navigation; provided such in¬ creased cost of solid fuel resulted from any wage and salary advances and other items related to the payroll which be¬ came effective on or after January 1, 1951, and which the supplier is author¬ ized to add to his ceiling prices under the provisions of any regulation, supple¬ mentary regulation or amendment there¬ to issued by the Director. (2) Each lake dock operator who is the same person as the supplier may add for each size, grade, grouping or other classification of solid fuel he sells and delivers the per ton amount of increase in the f. o. b. mine or f. o. b. plant price on each such size, grade, grouping, or other classification permitted to be charged (with the same limitation as provided in subparagraph (1) of this paragraph) by the supplier to an inde¬ pendent lake dock operator under the authority of any regulation, supplemen¬ tary regulation or amendment thereto issued by the Director. (3) The authority to increase the ceil¬ ing prices and ceiling weighted average realization as set forth in subparagraphs (1) and (2) of this paragraph on any size, grade, grouping or other classi¬ fication of solid fuel shall be effective upon receipt by the lake dock operator of a written notice of shipment of solid fuel mined or otherwise produced on or after February 1, 1951 from the lake dock operator’s principal supplier dur¬ ing the lake dock operator’s base period or the 1950 season of Jake navigation and a written statement, which shall be furnished by such supplier to the lake dock operator at the dock operator’s re¬ quest, showing the authorized per ton amount of cost increase which such sup¬ plier may add to the price of the appli¬ cable sizes, grades, groupings, or other classifications of solid fuel under the authority of the aforesaid regulations and within the limitations of subpara¬ graphs (1) and (2) of this paragraph. (e) The highest price referred to in paragraph (a) of this section shall be 81 Trans 36:3 separately determined by the lake coal dock operator in accordance with such classification as established by previous ) marketing practices. (f) The ceiling prices to be determined in paragraph (a) of this section and the ceiling weighted average realization to be determined under paragraph (b) of this section may, at the option of the lake coal dbck operator, be determined and established for a group of docks op¬ erated or controlled by a single operator (as distinguished from a particular dock). Sec. 5. Retail sales and dock handling services, (a) A lake dock operator who also sells solid fuels as a retail coal dealer shall exclude all retail sales in determin¬ ing ceiling weighted average realization and ceiling prices under this regulation. (b) Lake coal dock operators who, as a service to other persons, handle, store, and/or prepare solid fuel, charging therefor a service fee on a per-net ton basis, may continue to perform such service: Provided, That the service fee he is authorized to charge shall not be higher than the gross margin he obtains or is permitted to obtain on the sale of his most nearly similar size, grade, grouping or other classification of solid fuel under the terms of this regulation. The amount received from such trans¬ actions may be excluded in determining the ceiling weighted average realization in the base period to this regulation; if such amount received is excluded, it shall also be excluded in the reports of monthly realization on future transac- i' tions. Sec. 6. Procedure for establishing ceil¬ ings on new products, (a) If a partic¬ ular size, grade, grouping, or other clas¬ sification of solid fuel was not sold during the base period or during the period January 1-15, inclusive, 1951, and therefore no specific ceiling price is es¬ tablished therefor, the ceiling price for such size, grade, grouping, or other clas¬ sification shall be determined as follows: (1) If the particular unpriced size, grade, grouping or other classification of solid fuel is a lump size, the ceiling price shall be not more than the lowest ceiling price established for the nearest com¬ parable size of lump solid fuel of the same grade, grouping or other classifi¬ cation. (2) If the particular unpriced size is a double-screened solid fuel, the ceiling price shall be not more than the lowest ceiling price established for the nearest comparable double-screened size of the same grade, grouping or other classifica¬ tion. (3) If the particular unpriced size is a resultant (run of pile, unscreened stoker, slack or screening) size, the ceil¬ ing price shall be not more than the lowest ceiling price for the nearest com¬ parable resultant (run of pile, un¬ screened stoker, slack or screening) size of the same grade, grouping or other classification. i (b) In the event of the mixture of two f or more sizes, grades, groupings or other classifications of solid fuel to which dif¬ ferent ceiling prices are applicable, which mixture was not made during the base period or the period January 1-15, 1951, the ceiling price for such mixture shall be not more than the weighted average of the ceiling prices for each of the com¬ ponent sizes, grades, groupings or other classifications of solid fuel in said mix¬ ture, on a per net ton basis. (c) If a particular size, grade, group¬ ing or other classification of solid fuel was not sold during the base period and therefore no specific ceiling weighted average realization is established there¬ fore, the lake dock operator may file an application seeking the establish¬ ment of a ceiling weighted average real¬ ization that is fair and equitable. The applicant shall clearly set forth the in¬ formation and data deemed necessary to support the application. The Director may request any other information deemed necessary by him to a fair and reasonable determination of the issues raised in the application. Sec. 7. Transportation charges. Where solid fuel is delivered from a lake dock in any transportation facilities owned or subject to the control of the lake dock operator or distributor, or subsidiary or affiliate of the lake dock operator or distributor, in any trans¬ portation facilities hired by the lake dock operator or distributor, there may be added to the applicable ceiling price established herein a sum not in excess of the actual transportation costs in¬ curred by such lake dock operator or distributor, or subsidiary or affiliate thereof, determined in a reasonable manner, but in no event to exceed the lowest common carrier rate, if any, for a haul between the same points: Pro¬ vided, That there may also be added by a producer or distributor, to the ap¬ plicable maximum price established herein, an amount not in excess of the transportation tax imposed by sec¬ tion 620 of the Revenue Act of 1942 if said lake dock operator or distributor incurred such tax and if he separately states the amount of the tax in sales to all purchasers except the United States or any agency thereof, the District of Columbia, any state government or any political subdivision thereof. Sec. 8. Taxes. There may be added to the applicable ceiling price the amount of any sales, gross receipts, gross pro¬ ceeds or use tax levied by any statute or ordinance, under which the tax is measured by gross proceeds or units of sale, only if the statute or ordinance permits or requires the seller to state the tax separately and the seller does state it separately on his invoice or other memorandum of sale, and only if the seller customarily added the amount of such tax to the ceiling price and separ¬ ately stated the tax on his invoices prior to January 15, 1951. Sec. 9. Interest rate 071 overdue ac¬ counts. The rate of interest on overdue accounts or on a note, trade acceptance or other form of indebtedness accepted in payment of an account shall not exceed the rate charged by the seller on similar transactions during the base period. Sec. 10. New operator or owner. Any purchaser, lessee or transferee of a lake coal dock for which ceiling prices and a ceiling weighted average realization have been established shall take the ceil¬ ing prices or ceiling weighted average realization previously assigned to the lake coal dock or other seller, lessor or transferor thereof. Sec. 11. Less than ceiling prices. Lower prices than those established under this regulation may be charged, demanded, paid or offered. Sec. 12. Evasion. The price limita¬ tions set forth ip this regulation shall not be evaded, whether by direct or in¬ direct methods, in connection with an offer, solicitation, agreement, sale, de¬ livery, purchase or receipt of or relating to solid fuel alone or in conjunction with any other commodity or by way of com¬ mission, service, transportation, or other charge, or discount, premium or other privilege, or by tie-in agreement or other trade understanding or by the making of excessive charges for trucking or other¬ wise. Persons subject to the regulation shall continue to observe their custo¬ mary and standard cash discount prac¬ tices. Sec. 13. Sales agents and distributors. No sales agent or distributor shall charge a price f. o. b. dock in excess of the ceil¬ ing price or prices established for such dock or docks under the provisions of this regulation: Provided, That in the event a distributor purchased solid fuel from a dock or docks during the lake coal dock operator’s base period or the period January 1-15, 1951, and resold such solid fuel, said distributor may buy and resell solid fuel from said dock or docks and charge the highest price or prices he received for each size, group¬ ing, grade, or other classification of solid fuel during the aforesaid periods plus any adjustments in price applied to the f. o. b. dock price of such solid fuel: Provided, further, That the distributor files with the Director such reports or records as may be required on forms prescribed and according to instructions issued by the Director. The distributor shall preserve his records to support such reports for a period of two years. Sec. 14. Reporting, invoicing and record-keeping requirements, (a) Each lake coal dock operator shall compute and establish its weighted average real¬ ization during the base period and shall report such realization base to the Di¬ rector within thirty days after the date ceiling prices became effective under this regulation. The report shall be made on forms prescribed and according to instructions issued by the Director. (b) The basis for setting up ceiling prices on particular sizes, groupings, grades and classifications of solid fuels shall be submitted to the Director on forms provided by him in accordance with his instructions within thirty days after this regulation becomes effective. (c) Each lake coal dock operator shall compute its increase or increases in costs in accordance with sections 4 (d) (3) of this regulation on a form and in accord¬ ance with the instructions to be issued 81 Trans 36:4 by the Director within 30 aays after this regulation becomes effective. (d) Ceiling price schedules shall be filed by letter by the lake dock operator with the Director and with the regional office or offices of the Agency in the region or regions where the operator’s solid fuel is shipped, within thirty days after the day such prices become effec¬ tive. Copies of such price schedules shall be open for public inspection. All changes in or new ceiling prices shall be similarly filed. (e) Each lake coal dock operator shall report monthly its monthly realization to the Director on forms provided by him and in accordance with his instruc¬ tions on or before the last day of the month following the month for which the report is being filed. (f) Each person subject to this regu¬ lation shall furnish to each person to whom he sells solid fuel an invoice stat¬ ing the ceiling price established by this part separately from any other charge or a certified statement that the prices charged do not exceed the ceiling prices established under this regulation. (g) Each person subject to this regu¬ lation shall preserve and keep available for inspection by the Director, or his duly authorized representative, for a pe¬ riod of two years, invoices and other sales data and all other records necessary to substantiate base prices, ceiling prices, base period realization, ceiling weighted average realization and monthly average realization established pursuant to this regulation. (h) Whenever a lake coal dock oper¬ ator or distributor increases his price or prices on any size, grade, grouping or other classification of solid fuel above the price or prices charged in the last such sale to a retail coal dealer, the lake coal dock operator or distributor shall, upon request, furnish to each retail coal dealer to whom he sells or delivers solid fuel a statement showing the exact dol- lar-and-cents amount the lake coal dock operator or distributor has added to the price or prices of such size, grade, group¬ ing or other classification of solid fuel. Sec. 15. Petitions for amendment, (a) Any person seeking an amendment of any provision of this regulation may file a petition for amendment in accordance with Subpart D of Price Procedural Reg¬ ulation 1 issued by the Economic Stabili¬ zation Administrator. Sec. 16. Enforcement. Persons viola¬ ting any provision of this regulation are subject to the criminal penalties, and enforcement actions, and suits for dam¬ ages provided for by the Defense Produc¬ tion Act of 1950. Effective date. This regulation shall become effective on the 1st day of May 1951. Note. The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Michael V. DiSalle, Director of Price Stabilization. May 1, 1951. FILE following 81 Trans 36:4 (6-27-52) 81 Trans 36:5 Increased Transportation Cost Ceiling Price Regulation 27 (Amending Sec. 4(d)) Amendment 1 JUNE 27. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [ Ceiling Price Regulation 27, Arndt. 11 CPR 27— Lake Coal Dock Operators INCREASED TRANSPORTATION COST Pursuant td the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this amend¬ ment to Ceiling Price Regulation 27 is hereby issued. STATEMENT OF CONSIDERATIONS Lake coal dock operators covered by CPR 27 are both wholesalers and re¬ tailers of coal. Because of certain unique characteristics, however, they are covered by a different OPS regula¬ tion from that applying to other re¬ tailers of bit umi nous coal. Recently retail coal sellers under Sup¬ plementary Regulation 2 to the GCPR were allowed to add to their ceiling prices the increase in their inbound freight costs since January 25, 1951 re¬ sulting from freight rate increases au¬ thorized - by the Interstate Commerce Commission or any other governmental regulatory body. c Por similar reasons, and to remove any possible discrimina¬ tion between these two classes of resell¬ ers of coal, this amendment provides a similar adjustment for lake coal dock operators. In order to maintain the relationship between ceiling prices and ceiling weighted average realization lake coal dock operators may also add the same dollar-and-cents amount of transporta¬ tion cost increases to their ceiling weighted average realization established under CPR 27. In the judgment of the Director of Price Stabilization the provisions of this amendment are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. So far as practicable the Director of Price Stabilization gave due considera¬ tion to the national effort to achieve maximum production in furtherance of the objectives of the Defense Produc¬ tion Act of 1950, as amended, and to relevant factors of general applicability. In the formulation of this amendment there has been consultation with indus¬ try representatives, including trade as¬ sociation representatives, to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS Ceiling Price Regulation 27 is amended in the following respect: 1. Section 4 (d) is amended by adding sub-paragraph (4), as follows: (4) Each lake coal dock operator may increase the ceiling weighted average realization and the ceiling price of each size, grade, grouping or other classifica¬ tion of solid fuel which he sells and de¬ livers under this ceiling price regulation by the exact amount of increase in transportation costs that has or may become effective after January 1, 1951: Provided, Such increase in transporta¬ tion costs was authorized by the Di¬ rector, an order of the Interstate Com¬ merce Commission or any regulatory body of a state, territory or possession of the United States: And provided fur¬ ther, That the authority to increase the ceiling weighted average realization and the ceiling prices of each size, grade, grouping or other classification by the exact amount of increase in transporta¬ tion costs shall be effective only upon receipt by the lake coal dock operator of a carrier’s invoice, freight bill or other statement of transportation charges for each such size, grade, grouping or other classification, reflecting the increased freight charges and required to be paid by the lake coal dock operator. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 1 to CPR 27 shall become effective July 2, 1952. Ellis Arnajll, Director of Price Stabilization. June 27, 1952. . ' . , ■ ’ ■ '• . - • ■ u»? * k9t ufMipBr . V FILE following 81 Trans 36:4 (1-15-52) 81 Trans 36:9901 0P3 PUBLIC FORM NO. 9 UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25, D. C. BUDGET BUREAU NO. 94-5123 APPROVAL EXPIRES NOVEMBER 30. 1951 REALIZATION AND ADJUSTED REALIZATION ON LAKE DOCK SOLID FUEL DURING BASE PERIOD OF JULY 1, 1948 THROUGH JUNE 30, 1949 PURSUANT TO CPR 27 The individual company information reported on this form is for use in connection with theDefense Mobi¬ lization Program. Persons who have access to indi¬ vidual company information are subject to penalties for unauthorised disclosure. Submit Original only to the Office of Price Stabilization, Washington 25, D.C. See instructions on reverse side. r "1 n L J j NAME OF DOCK OPERATOR LOCATION OF DOCK(S) MAIL ADDRESS - TONS OF SOLID FUEL SOLD IN OPEN MARKET AND REALIZATION COMPLETE DESCRIPTION - SIZE, GRADE, GROUP OR OTHER CLASSIFICATION ELECTED TONS SOLD OPEN MARKET fol REALIZATION PER TON ADJUSTMENT IN MINE OR PLANT -I COST l d ) ADJUSTED REALIZATION (•> TOTAL DOLLARS (b) PER TON (c) (Attaci $ continuation sh $ eets, if neces $ sary. Use ~.ame column ar $ rangement) I certify that the information given in this listing and My attachments is true and correct to the best of my knowledge and belief. NOTICE - A willful false return is a criminal offense. SIGNATURE OF OWNER OR AUTHORIZED REPRESENTATIVE TITLE DATE 81 Trans 36:9902 INSTRUCTIONS FOR THE PREPARATION OF OPS PUBLIC FORM NO. 9 WHO SHALL FILE REPORTS; All lake coal dock operators oa tke United States Bank of Lake Superior and on that part of the west bank of Lake Michigan north of and including Waukegan, Illinois, regardless of size, who sell solid fuels subject to CPU No. 27, are required to file a copy of OPS Public Form No. 9 with the Office of Price Stabilization^Solid Fuels Btanch, Washington 25, D. C., within thirty days of the effective date of CPR No. 27 for each dock, or group of docks, which he operates. COMPUTATION OF CEILING WEIGHTED AVERAGE REAL¬ IZATION: The Ceiling Weighted Average Realization dining the base period may be computed (1) by dividing the reali¬ zation received from the sales of solid fuels on the open market by the number of tons so sold, or (2) by dividing the realization received from the sale of the sizes, grades, group¬ ings or other classifications of solid fuel on the open market by the number of tons so sold. (The basis so elected for the base period must be followed in the monthly reports to be sub¬ sequently filed.) TONNAGE TO REPORT: The tonnage on which realization is to be reported shall include solid fuel sold in the open market by customary methods of transportation. Railroad weights shall be reported for all solid fuel passing over railroad scales. All other solid fuel shall be reported at accurate weights. OPTIONAL TONNAGE: The Lake Dock Operator, at his option, may include his realization Rom dock handling If you elect to file under (1) above, insert in description column, “Total Sales." Enter in Column (a) the total tons of solid fuel sold, less exclusions. Enter in Column (b) the total sales price (Cross Realization as defined above) less ex¬ clusions. Enter in Column (c) the average realization per ton. If you elect to file under (2) above, insert complete de¬ scription of sizes, grades, groupings or other classification of solid fuels adopted in the description column, and follow same procedure for Columns (a), (b), and (c) as in (1) above. To Illustrate, a dock operator may elect to file' his ceiling weighted average realization for each size and kind of coal he sells, or for a classification of coal he sells, or for a grouping of coal he sells. A sample of these possibilities follows; how¬ ever, the dock o per at or may select other variations within the general limits of size, grade, group or other classification. However, whatever size, grade, group or other classification is chosen by him for his base period report must also be used by him iu his future monthly reports. COMPLETE DESCRIPTION-SIZE,GRADE, GROUP OR OTHER CLASSIFICATION ELECTED TONS SOLD OPEN MARKET (o) REALIZATION PER TON ADJUSTMENT IN MINE OR PLANT COST fd) ADJUSTED REALIZATION feV TOTAL DOLLARS (bj PER TON (e) POCOHANTAS ESG 1,000 $14,000 $14.0000 $.40 $14.4000 POCOHANTAS STOVE ’2,000 ■26,000 13-0000 .40 13^4000 POCOHANTAS SLACK 3,000 30,000 30.0000 .40 30.4000 QUALITY BLOCK ’2,000 30,000 15.0000 . 30 15..30Q0 EXCLUDED TONNAGE: The tonnages on which realization is not to be reported include: 1 - Sales of vessel fuel 2 - Retail sales 3 - Controlled sales 4- Sales of coke, briquets, or packaged fuel at the pro¬ ducing level. (SAMPLE A - An example of computing weighted average realization for EACH SIZE AND GRADE of coal) 30,000 123,300 12.3300 .30 $12.6300 15,000 227,250 15.1500 .42 15.5700 .3:2,000 120,600 10.0500 .42 30.4700 HI® VOLATILE LOW VOLATILE PREPARED LOW VOLATILE SLACK (SAMPLE B - An example of computing weighted average realization for CLASS IF !CA TION of coals) Tonnage and total realization figures should be rounded to the should be carried to four places beyond the decimal. whole number, while the weighted average price per ton COMPUTATION OF ADJUSTED CEILING WEIGHTED AVER- AGE REALIZATION: Ceiling Price Regulation No. 27 pro¬ vides for increasing the lake dock operator’s ceiling price and his ceiling weighted average realization by the per ton in¬ crease in the f.o.b. mine or plant cost for the size, made, grouping or other classification permitted to be charged by the supplier who furnished the principal supply used to the extent that the increase results Rom wage and salary adjustments which the supplier is authorized to mid. The lake dock opera- tor must request the a m ou nt of permissible increase from his suppliers. The allowable amount should be entered in column (d). The Adjusted Realization, Col. (e) is computed by adding to the actual realization per ton (Col. (c) the per ton adjustment for increased mine or plant costs (Col. (d). The adjusted real¬ ization as computed should be reported on OPS Public Farm No. 12, Monthly Report on Lake Dock Solid Fuel Realization. FILE following 81 Trans 36:9902 (1-15-52) 81 Trans 36:9903 OPS PUBLIC FORM NO. 10 UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25, D. C. BUDGET BUREAU NO. 94- 5124 APPROVAL EXPIRES NOVEMBER 30. 1951 REPORT OF LAKE DOCK SOLID FUEL CEILING TIm individual coapany information raportad on this PRICES FOR BASE PERIOD OF JULY 1, 1948 f 00 " *• "*• in •*» OwfanaaMobi- THROUGH JUNE 30. 1949. OR JANUARY 1. 1951 THROUGH JANUARY 15, 1951 for uoairtW ’ I * d «K*cio»«m. PURSUANT TO CPR 27 Submit Original only to the Office of Price Stabilization, Washington 25, D. C. See instructions on reverse. % “I r 1 L J J NAME OF DOCK OPERATOR LOCATION OF DOCX(S) MAIL ADDRESS HIGHEST PRICES AND ADJUSTED CEILING PRICES COMPLETE DESCRIPTION OF SIZE, GRADE, GROUP OR OTHER CLASSIFICATION ELECTED («) DIMENSION IN INCHES DATE OF SALE HIGHEST PRICE «) PER TON ADJUSTMENT IN MINE OR PLANT COST Ssl ADJUSTED CEILING PRICE (0 (Attach continuation sheets, if necessary. Use same column arrangement) I certify that the information given in this listing and any attachments is NOTICE - A willful false return is a criminal offense. true and correct to the best of my knowledge and belief. SIGNATURE OF OWNER OR AUTHORIZED REPRESENTATIVE TITLE DATE 81 Trans 36:9904 INSTRUCTIONS FOR THE PREPARATION OF OPS PUBLIC FORM NO. 10 WHO SHALL FILE REPORTS: All lake coal dock operators on the United States bank of Lake Superior and on that part of the west bank of Lake Michigan north of and including Waukegan, Illinois, regardless of size, who sell solid fuels subject to CPR No. 27, are required to file a copy of OPS Public Form No. 10 with the Office of Price Stabilization, Solid Fuels Branch, Washington 25, D. C., within thirty days of the effective date of CPR No. 27 for each dock, or group of docks, which he operates. All distributors of lake dock solid fuels who desire to avail themselves of the prices permitted by the proviso of Section 13 of CPR No. 27 are required to file a copy of Public Form No. 10 with the Office of Price Stabilization, Solid Fuels Branch, Washington 25, D. C. within 30 days of the effective date of CPR No. 27. A separate report shall be filed for each dock from which solid fuels are purchased and resoldprovided that a single combined report may be filed for any group of docks operated by a single Lake Coal Dock Operator. The distributor shall report his name and address in addition to the name and address of the Lake Coal Dock Operator. PRICES TO BE REPORTED: Fill out one line for each size, grade, group or other classification for each tonnage on which you propose a ceil ing price and give the following information: A. In Column (a) give the name of the kind and size as commonly used by the trade. B. In Column (b) give dimensions, both top size and bottom size, in inches for solid fuel described in Column (a). C. In Column (c) give the date of your highest priced sale of the type of solid fuel shown in Column (a). D. In Column (d) give that highest price actually charged. L. In Column (e) give the ceiling price adjustment arising from the mine or plant cost increase account wage and salary advances at the mines. (As reported on OPS Public Form No. 11.) F. In Column (f) give your adjusted ceiling price which will be the sum of (d) and (e). \our ceil¬ ing price schedule (to be filed separately by letter with the Office of Price Stabilization, Solid Fuels Branch, Washington 25, D. C., and with the regional office in each region into which you ship solid fuel) will be a recapitulation of your prices shown here. FILE following 81 Trans 36:9904 (1-15-52) 81 Trans 36:9905 OPS PUBLIC FORM NO. I I UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25, D. C. BUDGET BUREAU NO. 94-3125 APPROVAL EXPIRES NOVEMBER 30, 1951 MINE OR PLANT COST ADJUSTMENT TO BE APPLIED TO REALIZATION BASE AND CEILING PRICE PURSUANT TO CPR 27 The individual company information reported on thi* form is for use in connection with the Defense Mobi¬ lization Program. Persons who have access to indi¬ vidual company information are subject to penalties for unauthr-'-ed disclosure. Submit Original only to the Office of Price Stabilization, Washington 25, D. C. See instructions on reverse side. ~1 r n L_ j _i NAME OF DOCK OPERATOR LOCATION OF DOCK IS J MAIL ADDRESS STATEMENT B4SED ON TONS PURCHASED FROM JULY 1, 1948 THROUGH JUNE 30, 1949 OR THE 1950 SEASON OF NAVIGATION EACH SIZE, GRADE, GROUP OR OTHER CLASSIFICATION SHOWN ON OPS PUBLIC FORMS 9 AND 10 MUST BE LISTED BELOW PRINCIPAL SUPPLIER NAME (a) mine Or Plant NAME OR NUMBER (b) TONS PURCHASED IN ABOVE PERIOD FROM ALL SUPPLIERS l£] PRINCIPAL SUPPLIER _ PERTONADJUST- MENT IN MINE OR PLANT COST (e) (Attach continuation sheets if necessary. Use same column arrangement) I certify that the information given in this listing and any attachments is NOTICE - A willful false return is a criminal offense. true and correct to the best of my knowledge and belief. SIGNATURE OF OWNER OR AUTHORIZED REPRESENTATIVE TITLE DATE 81 Trans 36:9906 INSTRUCTIONS FOR THE PREPARATION OF OPS PUBLIC FORM NO. 11 WHO SHALL FILE REPORTSi AH lake coal dock operators on the United States bank of Lake Superior and on that part of the west bank of Lake Michigan north of and including Waukegan. Illinois, regardless of size, who sell solid fuels subject to CPR No. 27, are required to file a copy of OPS Public Form No. 11 with the Office of Price Stabilization, Solid Fuels Branch, Washington 25, D. C., within thirty days of the effective date of CPK No. 27for each dock, or poup of docks, which he operates. TONNAGE TO BE REPORTED: You must report for each size, grade, group or other classification during either the base period or the year 1950. GENERAL: This form is designed for the reporting of permissible increases in (A) ceiling weighted average realization and in (B) ceiling prices because of mine wage and salary advances. A. ADJUSTMENT OF CEILING WEIGHTED AVERAGE REALIZATION First list in the description column each of the sises, grades, groups or other classifications shown on OPS Public Form No. 9. A. In Column (a) list the name of your principal supplier of each such tonnages. B. In Column (b) insert the mine name or number of such principal supplier. C. In Column (c) list the number of tons of that type purchased from all suppliers. D. In Column (d) list the tonnage of that type purchased from your principal supplier. E. In Column (e) list the per ton increase authorized by OPS to that principal supplier because of his wage and salary advances. This amount will be the amount you are permitted to increase your ceiling weighted average realisation on all of the coals in that size, grade, group or other classifi¬ cation. B. ADJUSTMENT OF CEILING PRICES Next list in the description column each of the sises, grades, groups, or other classifications shown on OPS Public Form No. 10. A. In Column (a) list tbe name of your principal supplier of each ouch tonnages. B. In Column (b) insert the mine name or number of such principal supplier. C. In Column (c) list the number of tons of that type purchased from all suppliers. D. In Column (d) list the tonnage of that type purchased from your principal aupplier. E. In Column (e) list the per ton increase authorized by OPS to that principal supplier because of his wage and salary advances. This amount will be the amount you are permitted to increase your ceiling price of that coal. FILE following 81 Trans 36:9906 (1-15-52) 81 Trans 36:9907 OPS PUBLIC FOM NO. 12 UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25. D. C. BUDGET BUREAU MO. 94.R076 “PROVAL EXP IRES MARCH 31. 1*52 MONTHLY REPORT ON LAKE DOCK SOLID FUEL REALIZATION PIIdcijanT TO CPR 27 The individual company information reported on this farm is for uso in connection with tho Dofansa Mobi¬ lization Program. Parsons who have access to indi¬ vidual company information are subject to penalties 'or unauthorized disclosure. Submit Original only to the Office of Price Stabilization, Washington 25, D. C. See instructions on reverse side. r ~i n L _i j NAME OF DOCK OPERATOR MAIL ADDRESS LOCATION OF DOCK(S) REPORT FOR MONTH OF REALIZATION BY SIZE, GRADE, GROUP, OR OTHER CLASSIFICATION ELECTED COMPLETE DESCRIPTION OF SIZE, GRADE, GROUP OR OTHER CLASSIFICATION ELECTED ('Same as used in report for base period) THIS MONTH’S SAI OPEN MARK -ES IN ET CUMULATIVE SALES IN OPEN MARKET (See instructions) REALIZATION BASE ALLOW- ABLE PER TON (9) TONS («•) TOTAL DOLLARS CHARGED (b) PER TON (c) TONS fd) TOTAL DOLLARS CHARGED <•) PER TON (0 T (Attach % continuation $ sheets, if ne •cessary. U $ sc same column s arrange mt S nt.) I certify fh^t information given in this listing and any attachments is true and correct to the best of my knowledge and belief. NOTICE - A willful false return is a criminal offense. SIGNATURE OF OBINCR OR AUTHORIZED REPRESENTATIVE TITLE DATE 81 Trans 36:9908 INSTRUCTIONS FOR THE PREPARATION OF OPS PUBLIC FORM NO. 12 WHO SHALL FILE REPORTS? All lake coal dock operators on the United States bank of Lake Superior and on that part of the west bank of Lake Michigan north of and including Waukegan, Illinois, regardless of size, who sell solid fuels subject to CPR No. 27, are required to file a copy of OPS Public Form No. 12 with the Office of Price Stabilization, Washing¬ ton 25, 0. C. each month. On the first report there shall be computed the realization obtained from the sale of the subject solid fuels for the month of May 1951. This report must be filed within thirty days after the end of that month. Thereafter a report shall be filed monthly showing the realization obtained in the current month and on a cumulative basis. GENERAL INSTRUCTIONS: This form shall be prepared on the same basis as OPS Public Form No. 9 so that the results obtained in this monthly report will be on a basis comparable to that used in reporting the Realization Base Allowable in OPS Public Form No. 9. CUMULATIVE SALES: Beginning with the month of May 1951, tonnages and toad dollars and per ton realization (Columns (d), (e), and (f)) should be cumulated and per Jon realization computed until a twelve month figure is covered (ending April .30, 1952. Thereafter there shall appear in the cumulative columns figures for the most recent twelve months of which the current month reported shall be one. REALIZATION BASE ALLOWABLE: The realization ceiling or target allowable per ton shall be shown monthly and shall accurately reflect the per ton figure shown on OPS Public Form No. 9. If for some reason the form does not govern the realization base allowable, the authority for such realisation base allowable should be stated on each monthly report. If reali¬ zation base allowable is changed, the most recent realization base allowable should be shown, together with explanation of change. FILE following 81 Trans 36:4 Crude Petroleum (5-11-51) 81 Trans 37:1 Ceiling Price Regulation 32 MAY 7, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 321 CPR 32—Crude Petroleum Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Ceiling Price Regulation 32 is hereby issued. STATEMENT OF CONSIDERATIONS When the General Ceiling Price Reg¬ ulation was issued on January 26, 1951, it was realized that a single, compre¬ hensive regulation could hardly cope with the multitude of prices and the di¬ verse practices of many sellers and in¬ dustry. It was, therefore, the express intent of the Director of Price Stabiliza¬ tion to replace the General Ceiling Price Regulation as rapidly as possible with specific price regulations tailored to meet the needs of different industries. Essentially, this regulation provides for the establishment of ceiling prices for all sales and deliveries of crude petro¬ leum by producers, sellers, refiners, or by any other person. The regulation establishes the ceiling price at the receiving tank for crude petroleum from any given pool as the posted purchase price on January 25, 1951, for such pool, or where there was for any pool more than one posted pur¬ chase price then the ceiling price is the highest of the posted purchase prices. Use of the posted purchase price on this date to determine ceiling prices is be¬ lieved equitable, and in conformity with the customary pricing practices of this segment of the petroleum industry. A provision is included which requires every purchaser of crude petroleum to file a report thirty days after the issu¬ ance of this regulation with the Director of Price Stabilization listing the pur¬ chase prices he posted or paid for crude petroleum purchased from each pool. Where no posted purchase price ex¬ isted on January 25, 1951, alternative methods of determining ceiling prices are provided. Special provision is made for certain contract sales in excess of the posted purchase price, provided the con¬ tract was made prior to December 9, 1950, and was in effect on January 25, 1951. The ceiling price so established is ap¬ plicable only to the production covered by the contract. The reason that De¬ cember 9, 1950, was selected as the initial date is that it marked the start of the voluntary freeze on crude petroleum prices requested of the refiners by the Economic Stabilization Agency. Prior to the formulation of this regu¬ lation the Director of Price Stabilization consulted with a large number of persons representing a substantial part of the industry and the regulation has been re¬ viewed by the National Petroleum Ad¬ visory Committee and the Petroleum Ad¬ ministration for Defense. FINDINGS OF THE DIRECTOR OF PRICE STABILIZATION In the judgment of the Director of Price Stabilization the ceiling prices es¬ tablished by this regulation are gen¬ erally fair and equitable and are neces¬ sary to effectuate the purposes of Title IV of the Defense Production Act of 1950. So far as practicable the Director of Price Stabilization gave due considera¬ tion to the national effort to achieve maximum production in furtherance of the objectives of the Defense Production Act of 1950; to prices prevailing during the period from May 24, 1950, to June 24, 1950, inclusive; to relevant factors of general applicability. REGULATORY PROVISIONS SCOPE OF REGULATION Sec. 1. Applicability of regulation. 2. Exports. 3. Imports. 4. Transfers of business or stock in trade. 5. Adjustable pricing. 6. Petitions for amendment. 7. Application for adjustment. 8. Price revisions incident to orders estab¬ lishing specific prices. 9. Reporting and record-keeping require¬ ments. 10. Prohibitions against selling or deliver¬ ing crude petroleum at prices above the ceiling. 11. Evasion. 12. Enforcement. 13. Definitions. CEILING PRICES 14. Posted purchase price. 15. Two or more posted purchase prices. 16. Contract in excess of posted purchase price. 17. Where no posted purchase price. 18. Where no ceiling price. 19. Sales at points other than receiving tank. 20. Where no differential at points other than receiving tanks. INCREASES PERMITTED OR REDUCTIONS REQUIRED 21. Transportation. 22. Taxes. Authority: Sections 1 to 22 issued under sec. 704, Pub. Law 774, 81st Cong. Inter¬ pret or apply Title IV, Pub. Law 774, 81st Cong., E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 CFR, 1950 Supp. SCOPE OF REGULATION Section 1. Applicability of regula¬ tion. (a) This regulation establishes ceiling prices for all sales and deliveries of crude petroleum by producers, sellers, refiners, or by any other person except: (1) When sold to a processor as gas enrichment oil; (2) When sold to a consumer for a purpose other than the production of more than one petroleum fraction; or (3) When sold to a tank wagon re¬ seller by sellers, other than crude oil operators or royalty owners, for resale to a consumer for a purpose other than the production of more than one petroleum fraction therefrom. (4) This regulation shall in all cases be applicable to sales of crude petroleum to a refiner or to a person using such crude petroleum in oil and gas field op¬ erations, notwithstanding that other¬ wise subparagraphs 1, 2 and 3 of this paragraph would provide an exception. (5) Sales between corporations when one is a wholly owned subsidiary of the other, or when both are wholly owned subsidiaries of a third corporation, and sales between such other affiliated or controlled corporations as are especially excepted by order in writing of the Di¬ rector of Price Stabilization or his duly authorized representative. (6) Exchanges of crude petroleum be¬ tween refiners or other petroleum sellers, providing such exchanges conform to customary practices of the industry dur¬ ing the base period. The Office of Price Stabilization will not grant any increases in the ceiling prices of crude oil or re¬ fined petroleum products where the re¬ quested revision in price is due to the price at which crude oil has been ex¬ changed. (b) Transactions excepted from the coverage of this regulation are also ex¬ empt from the provisions of the General Ceiling Price Regulation. However, cer¬ tain products and transactions excepted from this regulation are covered by Ceil¬ ing Price Regulation No. 17, Gasolines, Naphthas, Fuel Oils and Liquefied Petro¬ leum Gases. (c) The provisions of this regulation are applicable to the United States, its territories and possessions and the Dis¬ trict of Columbia. Sec 2. Exports. The ceiling price at which a person may export crude petro¬ leum shall be determined by this regula¬ tion unless an export regulation shall be issued by this office, in which case ceiling prices for these sales shall be covered by such export regulation. Sec. 3. Imports. [Reserved] Sec. 4. Transfers of business or stock in trade. If the business, assets or stock in trade of any seller or any person are sold or otherwise transferred after Jan¬ uary 25, 1951, the ceiling prices of the transferee shall be the same as those to which his tranferor would have been subject if no such transfer had taken place, and his obligation to keep records and make reports shall be the same. The transferor shall either preserve and make available, or turn over to the transferee records of all transactions prior to the transfer which are necessary to enable the transferee to comply with the records and reports provisions of this regulation and amendments thereto. 81 Trans 37:2 Sec. 5. Adjustable pricing. Any per¬ son may agree to buy or sell at a price which can be increased up to the maxi¬ mum price in effect at the time of de¬ livery. Where a petition for adjustment or amendment is pending the buyer and seller may agree that prices for deliveries made during the pendency of the peti¬ tion shall be determined in accordance with the disposition of the petition. Sec. 6. Petitions for amendment. Any person seeking an amendment of any provision of this regulation may file a petition for amendment in accordance with the provisions of Price Procedural Regulation No. 1. Sec. 7. Applications for adjustment — (a) Local shortages. The Office of Price Stabilization may adjust by order any ceiling price established under this regu¬ lation for a seller or group of sellers or for a general area when it appears: (1) That there exists or threatens to exist in a particular locality a shortage in the supply of crude petroleum which aids directly in the present defense pro¬ gram or is essential to a standard of living consistent with the maintenance of the defense program; and (2) That such local shortage will be substantially reduced or eliminated by adjusting the ceiling prices of such seller and of like sellers for such prod¬ ucts; and (3) That such adjustment will not create or tend to create a shortage, or a need for increase in prices, in another locality, and will effectuate the purposes of the Defense Production Act of 1950. (b) Filing of Applications. Applica¬ tion for adjustment for local shortage shall be filed with the Petroleum Branch of the Office of Price Stabilization, Washington 25, D. C. Sec. 8. Price revisions incident to orders establishing specific prices. Not¬ withstanding the provisions of this regu¬ lation, the Director of Price Stabilization may by written order provide specific ceiling prices to replace ceilings estab¬ lished by this regulation. Sec. 9. Reporting and record-keeping requirements .— fa) Reporting. Thirty days after the issuance of this regula¬ tion, every purchaser of crude petroleum shall file with the Director of Price Stabilization, Washington 25, D. C., a report listing the following information for each pool: (1) Posted purchase prices in effect on January 25, 1951, and date said prices first became effective. (2) Prices paid for purchases during the period December 9, 1950, to January 25, 1951, inclusive, at other than the purchaser’s “posted purchase prices.” This shall include: fi) Prices paid for purchases where the purchaser did not post purchase prices for the production involved. (ii) Prices paid for purchases in ex¬ cess of purchaser’s “posted purchase price.” In this connection the informa¬ tion filed shall specify the production involved and if purchased under a con¬ tract the date of execution of such con¬ tract and the period of such contract. ' ' •-#. . r- ' ■ ’ ' •’ 1 ' I' . ' ‘I;' - • . i i ' FILE following 81 Trans 37:3 Lubricating Oils, Greases, Waxes, Etc (8-7-51) 81 Trans 38:1 Ceiling Price Regulation 63 JULY 30, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON (K**i>rinte and that the fair and effective administration of price control over them in the terri¬ tories and possessions will be aided by re¬ moving them from Ceiling Price Regula¬ tion 63 and restoring them to Ceiling Price Regulation 9. The Director of Price Stabilization has consulted with trade association repre¬ sentatives and members of the industry affected by this amendment and consid¬ eration has been given to the informa¬ tion and suggestions received from them. AMENDATORY PROVISIONS Section 4 of Ceiling Price Regulation 63 is amended to read as follows: Sec. 4. Sales of products imported into the territories and possessions. This regulation does not cover sales of prod¬ ucts imported into the territories and possessions of the United States, whether made by resellers or by refiners, blenders and compounders performing the func¬ tion of reseller. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment shall become effective December 20, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. December 15, 1952. ■ - / FILE following 81 Trans 38:9 (1-15-53) 81 Trans 38:11 Transportation Ceiling Price Regulation 63 Amendment 2 JANUARY 15, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 63, Amdt. 2] CPR 63— Lubricating Oils, Greases, Waxes and Certain Other Petroleum Products TRANSPORTATION Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amendment 2 to Ceiling Price Regula¬ tion 63 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to Ceiling Price Reg¬ ulation 63 revises the provisions of sec¬ tion 18, which deal with increased trans¬ portation costs. First, it eliminates the “cut-off” date of May 15, 1951, so as to permit transportation rate increases ef¬ fective after that date to be passed on to the purchaser in the same manner as those transportation rate increases ef¬ fective between January 26, 1951 and May 15, 1951. Second, it permits the pass-through of certain inbound freight increases in those situations where such inbound freight parallels outbound freight for the majority of the industry. Third, it permits a seller to increase his ceiling price to reflect increases in the transportation rate he used during the base period in accordance with his cus¬ tomary practice as a factor in his price, even though he does not actually use such facilities or actually incur the ex¬ act amount of such increases. Fourth, it permits sellers to round their increased ceiling prices according to customary base period practices. Because of the number and size of the increases in transportation rates that have occurred since the “cut-off” date in this regulation and their significance in the marketing of the products covered by CPR 63, it is considered advisable to eliminate the “cut-off” date in line with the policy underlying similar action by the Office of Price Stabilization as ex¬ pressed in other regulations, such as Supplementary Regulations 120 and 122 to the General Ceiling Price Regulation, Supplementary Regulation 35 to Ceiling Price Regulation 22, and others. Ac¬ cordingly, Ceiling Price Regulation 63 as changed by this amendment, will per¬ mit increases in ceiling prices to reflect increases in outbound transportation costs resulting from authorized rate in¬ creases effective since May 15, 1951. The transportation section was not in¬ tended to permit increased ceiling prices based on higher transportation rates on crude or semi-finished stocks. The lan¬ guage of the amendment specifically ex¬ cludes such increases as a basis of in¬ creasing ceiling prices. However, it is recognized that certain sellers must be permitted to reflect increases in inbound freight rates if a disruptive effect on the market is not to result. The great per¬ centage of the products covered by this regulation are produced and sold by the major integrated petroleum companies. The transportation costs incurred by these sellers in the main are for out¬ bound transportation. However, other compounders, blenders and refiners who must purchase their blending stocks or semifinished materials from these in¬ tegrated companies incur inbound freight costs. The inbound freight they incur parallels the outbound freight of the integrated producers, who account for the greater part of the production, and who are in competition with the smaller independent compounders and blenders. To permit these smaller op¬ erators to retain their customary price relationship with those sellers supplying the bulk of these products, this amend¬ ment permits inbound freight increases on semifinished products as a basis for increased ceilings except where ship¬ ment is between units of the same com¬ pany. In the marketing of petroleum there are many instances where the market price of a product at a delivery point, while reflecting some elements of trans¬ portation, will not reflect the exact amount of freight that the individual seller incurs in making delivery to that point. Thus, a particular seller may use his freight cost in shipping product to one point in a pricing area for establish¬ ing prices throughout the pricing area. Again the seller may have had to absorb some freight because he has sold at a market price based on product shipped from a basing point. Conversely, he may have had an advantage in selling in a market where the price reflected freight from a point farther than his point of supply. In another situation a seller's market price may customarily reflect the rates for a means of transpor¬ tation other than the means he actually uses, but which is the means normally used by most other sellers in that area. In order to maintain the stability of the market this regulation permits increases in ceiling prices based on the amount of increases in the transportation rate cus¬ tomarily used by the seller as a factor in his price if his base period prices re¬ flected such customary rate. In this way sellers may not increase their ceil¬ ing prices more than they would have in ordinary practice, nor would those who had no or a lesser increase in trans¬ portation rates find themselves with ceil¬ ing prices that do not reflect their cus¬ tomary price relationship with other sellers in the market. Instances have come to the attention of the Office of Price Stabilization where sellers have attempted to raise ceiling prices because of a shift from a normal method of transportation or normal source of supply to a higher cost method of transportation or a source of supply incurring a higher transportation cost. It was not intended to provide for ad¬ justment of ceiling prices because of cost increases resulting from shifts in source of supply. It is stated explicitly in the amendment that such abnormal supply situations do not qualify the seller for an increase in his ceiling prices under the transportation section of the regu¬ lation. In the formulation of this amendment there has been consultation with indus¬ try representatives, including trade as¬ sociation representatives, to the extent practicable, and consideration has been given to their recommendations. In the judgment of the Director of Price Stabilization the changes set forth in these amendatory provisions are gen¬ erally fair and equitable and are neces¬ sary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Section 18 of Ceiling Price Regulation 63 is amended to read as follows: Sec. 18. Transportation, (a) A seller may add to the applicable ceiling prices determined under other sections of this regulation an amount calculated in ac¬ cordance with whichever of the following three methods conforms to his customary practice in the base period: (1) A seller may add the increase in his unit cost resulting from transporta¬ tion rate increases after January 25, 1951 permitted by Federal or State reg¬ ulatory bodies or by the Office of Price- Stabilization. Such increases may in¬ clude excise taxes, which are a part of or are applicable to the increase. If the increase in transportation rates occurs after the effective date of this regulation the higher ceiling prices may be made effective on or after the day that the increased transportation rate goes into effect. (2) Where the transportation of the product is in facilities owned or con¬ trolled by the seller and is in lieu of movement by a regulated carrier, he may add the unit increase that would be per¬ mitted him in subparagraph <1> of this paragraph, had he used such regulated carrier. (3) Where a seller in accordance with his customary pricing practice included in his selling price during the base period the transportation rate from a point other than his own source of supply, or 81 Trans 38:12 the transportation rate to a point in a pricing area other than the rate to the actual point of delivery, or the rate of a means of transportation other than, that actually used by him, he may add the unit increase permitted by Federal or State regulatory bodies or by the Office of Price Stabilization in such transpor¬ tation rate. Special applicability. Applicabil¬ ity of this regulation may be extended to include leases or rentals of “commer¬ cial motor vehicles” with drivers, only by authorization from the appropriate District Director of the Office of Price Stabilization. The lessor shall file a written request for such authorization with the appropriate district office of the Office of Price Stabilization showing that the furnishing of the driver is: (1) A transaction severable from the rental of the "commercial motor vehicle,” and (2) Performed for the accommoda¬ tion of the lessee, and that the lessee has entered into an employer-employee re¬ lationship with the driver and has as¬ sumed full responsibility for the opera¬ tion of the vehicle, and <3» Performed by the lessor at no separate profit to himself. The respective District Directors are hereby delegated authority to act upon and to handle to final conclusion all re¬ quests filed pursuant to the provisions of this regulation. 81 Trans 39:2 (c) Exclusions. This regulation does not apply to the following specified serv¬ ices, but such services, other than com¬ mon carrier and public utility services, will nevertheless continue to be subject to such regulations of the Office of Price Stabilization as may otherwise be ap¬ plicable: (1) Lease or rental of “commercial motor vehicles" to or by a United States government agency. (2) Any service of a common carrier or public utility. (3) Lease or rental of “commercial motor vehicles” between carriers. (4) Lease or rental of dump trucks used on construction or road mainte¬ nance projects. • (5) Lease or rental of ambulances, hearses, school busses, and funeral cars. Sec. 3. Relation to other regulations. This regulation supersedes the General Ceiling Price Regulation and Ceiling Price Regulation 34 with respect to all services covered by this regulation. Sec. 4. Service furnished during the “base period". Except as provided in section 6 of this regulation, for seasonal services, the ceiling rate for the rental or lease of any “commercial motor ve¬ hicle” is the highest rate charged by the lessor for the “same or similar service" during the "base period”, December. 19, 1950, to January 25, 1951, inclusive. Sec. 5. Service not furnished during the “base period.” (a) If the service was not actually furnished during the "base period" and is not a seasonal serv¬ ice to which section 6 of this regulation applies, the ceiling rate is the highest rate at which the lessor offered, in writ¬ ing, to provide it during the "base period". (b) If the service was neither fur¬ nished or offered in writing during the “base period”, nor a seasonal service covered by section 6 of this regulation, and the ceiling rate has since been established under appropriate provisions of the General Ceiling Price Regulation or Ceiling Price Regulation 34, the ceil¬ ing rate for such service is the ceiling rate thus established. (c) If the service was not furnished, or offered in writing, during the "base period”, and if the ceiling rate has not been otherwise established since that time, the lessor shall determine his pro¬ posed ceiling rate in accordance with the following method. A report shall be submitted to the appropriate district office of the Office of Price Stabilization, which report shall set forth in detail: (1) A description of the "commercial motor vehicle" to be furnished, (2) The proposed ceiling rate, (3) A detailed break-down of the esti¬ mated fixed and variable expenses, (4) The rate charged for the most comparable service, (5) The pricing formula normally used by the lessor in establishing his rates, and (6) Any other information which the lessor deems pertinent to justify the pro¬ posed ceiling rate. The respective District Directors are hereby delegated authority to act upon and to handle to final conclusion all re¬ * ports filed pursuant to the provisions of this section. Thirty days after the re¬ port has been received by the appro¬ priate district office of the Office of Price Stabilization, or 30 days after the receipt of such additional information as may be requested, the lessor may charge the proposed ceiling rate unless advised by the Office of Price Stabilization that the proposed rate has been disapproved or modified. The service may be furnished during the period pending consideration of the ceiling rate and the rate proposed may be charged for on open billing. How¬ ever, no charge may be collected until the rate has been approved or until the 30-day period has expired without ad¬ verse action by the Office of Price Stabilization. Sec. 6. Seasonal variations in rates and seasonal services —(a) Commercial mo¬ tor vehicle rentals supplied in the “base period” but subject to seasonal varia¬ tions in rates. If the lessor has had a regularly established seasonal variation in rates and leased or rented “commer¬ cial motor vehicles” during the “base period”, the ceiling rates for other sea¬ sonal periods shall reflect the customary dollar differential between that season and the "base period”. However, the provisions of this paragraph apply only if the season during which the variation in rates was in effect regularly consisted of at least 60 consecutive days. (b) Seasonal services not supplied during the “base period". If the lessor supplied a seasonal service during the calendar year 1950 but did not supply that service during the "base period”, the ceiling rate for such service shall be the highest rate charged in the com¬ parable season of 1950. Sec. 7. Exemption of certain rental- purchase option agreements. Services offered under a rental-purchase option agreement having a term of not less than 1 year and granting to the lessee an option, which may be exercised at any time during the period of the lease, to purchase the vehicle or vehicles leased under the agreement are hereby speci¬ fically exempted from price control pro¬ vided the purchase price specified in the option does not exceed the original cost to the lessor of the vehicle or vehicles, when new (which cost does not exceed the Office of Price Stabilization ceiling price or prices) less a deduction there¬ from of a sum which (a) in the case of the purchase of trucks, tractors, trailers, semi-trailers, and busses, other than school busses, is not less than the sum of 1 percent of the original cost of each vehicle to the lessor per 30-day period during the entire period from the date of execution of the lease until the date that the purchase option is exercised; or (10) Supervision (11) Other fixed expense (12) Total (Items 3 through 11) f * i. 81 Trans 39:9902 PAGE I OF PF.85 • CONTINUED C - VARIABLE EXPENSE OF RENTAL OPERATIONS (13) Maintenance (Labor and materials) (14) Tire. (15) Gasoline, oil and grease ■ t * . . (16) Accessories., (17) Other variable expense (18) Totol (Items 13 through 17) » (19) Total filed and variable expense (Item 12 plus 18) (20) Net Income before federal Income tax (Item 1 minus 19) (21) Federal income tax accrued during the periods specified OPS PUBLIC FORM NO. PUSH (PAGE 2) 3- TO BE EXECUTED BY THE APPLICANT . .. NAME OF APPLICANT • The applicant hereby certifies that the information supplied in items 1 through 7 of this form and any attachments is true and correct to the best of his knowledge and belief and that: a • Applicant cannot continue to supply commercial motor vehicles, without drivers, at present ceiling rates; b - The applicant is not knowingly paying more for material and labor than the legally authorized ceiliqg prices and wages; and c - The requested maximum price will not result in higher ratio of net operating revenue to total oper¬ ating revenue than in the pre-Korean period. NOTICE - A willfully false statement is a criminal offense. SIGNATURE, OF OWNER OR AUTHORIZED AGENT TITLE DATE SECTION - B - FURNISH THE FOLLOWING FOR EACH CLASS OF VEHICLE OR SERVICE FOR WHICH RATE ADJUSTMENTS ARE REQUESTED (If rate adjustments are being requested for more than one class of vehicle or service, separate statements must be prepared for each requested adjustment and attached hereto). 4A. DESCRIBE THE TYPE OF VEHICLE AND SERVICE FOR WHICH ADJUSTMENT IS SOUGHT (Set Item ha of Instructions) * 41. STATE THE MAINTENANCE AND OPERATINGSUPPLIES AND SERVICES FURNISHED IN CONNECT I ONWITH THIS SERVICE AT THE CEILING RATE ANOAT THEPROPOSED RATE (Set Item 46 of Instructions) V 81 Trans 39:9903 PAGE 2 OF PF-65 - CONTINUED 5- RATE CHANGES PROPOSED A - PRESENT BASIC RATE A - PROPOSED BASIC RATE (1) Per vehicle per hour $ (6) Per vehicle per hour $ (2) Per vehicle per day (7) Per vehicle per day (3) Per vehicle per week (8) Per vehicle per week (4) Per vehicle per month (9) Per vehicle per month (5) Other basic rate ( Specify) (10) Other basic rate (Specify) B - PRESENT MILEAGE RATE B - PROPOSED MILEAGE RATE (1) Per vehicle per mile $ (3) Per vehicle per mile $ (2) Other (Specify) (4) Other (Specify) 6. STATE THE AMOUNT OF ADDITIONAL REVENUE ( in do liars) WHICH THE PROPOSED RATES WOULD HAVE PROVIDED HAD THEY BEEN IN FORCE THROUGHOUT THE "CURRENT PERIOD” SECTION C- FILL OUT ONLY IF YOU FURNISH DRIVERS FOR THE OPERATION AND YOUR OPERATION FALLS UNDER SECTION 2 (b) (2) OF CPR 70 7. DO YOU OIRECTLY OR INDIRECTLY FURNISH DRIVERS FOR THIS OPERATION? I | YES NO IF ANSWER IS YES, DESCRIBE IN DETAIL THE ARRANGEMENTS UNDER WHICH THE DRIVERS ARE FURNISHED OPS PUBLIC FORM NO. PUB8SIPAGE 3) INSTRUCTIONS GENERAL INSTRUCTIONS: This form must be submitted to obtain authority to increase the ceiling rate estab¬ lished under Ceiling Price Regulation 70 for the lease or rental of motor vehicles without drivers. Part A of this form need be filled out only once for each application since it covers the whole of the application. Part B must be filled out separately for each type of vehicle for which a rate increase is requested. For example, if you wish to apply for an adjustment of rates applicable to Vi ton pick-ups, 1 Vi ton vans and 1 Vi ton stake-bodies, you must fi e three separate Parte B. However, one Part B may be filed for any number of vehicles, providing the vehicles are allot the same type and are all leased or rented at the same rate. Part C must be filled out only if you furnish drivers but believe that you are nevertheless subject to CPR 70 (see Sec. 2 (2) (b) ). Any additional information that would facilitate the processing of your application should be attached. Item 1: Indicate whether the proposed rates cover all or only a part of your operations. If only a part of your op¬ eration is covered, state which parts are covered and which are not and give some indication of the relative importance oi each. 81 Trans 39:9904 PAGE 3 OF PF-85 - CONTINUED lt*m 2: Fill in the revenue and expense items requested for the current and pre-Korean periods. The “Current Period” is the period of six calendar months most closely preceding the application. The “pre-Korean period” is the corresponding six months during the period January 1949 through June 1950. Example: If “current period” is March 1951 through August 1951 the “pre-Korean period” is March 1949 through August 1949. If the “current period” is January 1951 through June 1951, the “pre-Korean period” is January 1950 through June 1950. If your accounts are not kept in a form that makes possible the use of the break-down of expenses specified, present revenue and expense data in the most comparable form possible. If the vehicle rental service is only a part of your business, the cost data should relate only to the vehicle rental E ortion of your business. If specific cost allocations are not maintained for that portion of the business, the cost should e allocated. This allocation should be made in the same manner for each of the periods reported; an explanation of the method of allocation should be attached to the application. Item 3: Fill out Item 3 completely and sign. Item 4a: Describe the vehicle and the service performed. For example, l l A ton International Model K-5, 159 inch wheel base, equipped with a 12 foot van body, transient rental. (Attach separate sheet if necessary). Item 4b: The maintenance and operating supplies and services furnished at the ceiling rate and the proposed rate should be enumerated. For example, if during the base period the applicant furnished all maintenance and all operating supplies necessary to operate the vehicle so state; and state whether these services and supplies will also be furnished under the proposed rates. Any change in service must be explained fully. (Attach separate sheet if necessary). It*m 5: Applicant must state clearly the legal ceiling rates and the proposed rates. Show your present ceiling rate per hour, per day, per week, or per month and your proposed rate on the same basis. If any of the blanks provided do not apply to your rate structure, insert “NA”. Fill in all blanks which do apply to your rate structure and wherever you do not propose an increase indicate the same rate for both “present* and “proposed” rates. NOTE: If your rate is not based on a combined charge per vehicle per hour (or day, or week, or month) plus a charge per mile, or on aflat charge per day, or week, or month, or on a flat charge per mile, attach separate sheet, showing your present and proposed rates. Item 6: Determine the number of hours, days, weeks and/or months that the vehicle type in question was rented out for revenue and the revenue miles driven by that type during the “current period”. Multiply by the appropriate proposed rates to determine what your revenues would have been if the proposed rates had been in effect during the “current period”. Sub¬ tract from this figure the actual revenue earned by this type of vehicle in the current period. Item 7: Fill out Item 7 only if you furnish drivers with your vehicles. TIME AND PLACE OF FILING Two copies of this application properly filled in and signed by the applicant must be filed with the appropriate Dis¬ trict Off i ce. Applications, if mailed, must be sent by registered mail, return receipt requested. The date on the return receipt will indicate the effective date of filing. If the application is delivered in person, a receipt showing the date of filing should be obtained. The adjusted rate shall become effective upon affirmative approval by the appropriate District Office or, in the ab¬ sence of an order of disapproval or a request for further information, upon the expiration of the thirty-day period after filing or after such additional information as may be requested has been supplied. 81 Trans 61:R1 FILE following 81 Trans 39:9904 (2-18-53) (REMOVE to Source File 81 Trans 61:1-3) Exemption of Certain General Overriding Regulation 12 Fuel Products Revision 1 FEBRUARY 12. 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 12, Revision 1 ] GOR-12— Exemption of Certain Fuel Products Pursuant to the Defense Production Act of 1950, as amended (Public Law 774, 81st Cong.), Executive Order 10161 (F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738 >, this General Overriding Regulation 12, Revision 1, is hereby issued. STATEMENT OF CONSIDERATIONS The President of the United States has announced that he does not intend to ask for a renewal of price control au¬ thority on April 30. 1953, when the pres¬ ent legislation expires. He has stated that in the meantime steps will be taken to eliminate controls in an orderly man¬ ner. The Office of Price Stabilization has been instructed to proceed accord¬ ingly. This revision of GOR-12 is one of the actions by which OPS is carrying out that instruction. GOR-12 was issued to provide a single listing of certain fuels and related com¬ modities as to which changing condi¬ tions justified removal of price ceilings. A similar general regulation has been is¬ sued for each of the major commodity areas. Since these regulations are gen¬ erally familiar to these sellers affected, the actions removing controls will utilize the convenient pattern already thus pro¬ vided, and will be in the form of amend¬ ments adding additional groups of iteriis which are to be exempted from price control. In this instance, because of several changes which are being made in the body of the regulation aimed at simplification and standardization in re¬ lation to other general overriding regula¬ tions, the action takes the form of a revi¬ sion of GOR-12. This revised GOR 12 exempts from price control the following additional fuel products: All sales heretofore sub¬ ject to CPR 13 (retail sales of petroleum products), all sales heretofore subject to CPR 17 except Number 2 heating oil (gasolines, naphthas, fuel oils and lique¬ fied petroleum gases, natural gas, pe¬ troleum gas, casinghead gas and refinery gas), all sales subject to CPR 32 (crude oil), all sales heretofore subject to CPR 63 (lubricating oil, greases, waxes, and certain other petroleum products), and all sales heretofore subject to CPR 66 (asphalt and asphalt products). This revised regulation also expressly continues the requirements heretofore in effect under the applicable ceiling price regulations respecting preservation of records as to past transactions. In view of the special nature and basis of this revised regulation, consultation with industry representatives was im¬ practicable and unnecessary. REGULATORY PROVISIONS Sec. 1. What this regulation does. 2. Exemptions. 3. Exempt products or transactions (Solid Fuels). 4. Exempt products or transactions (Petro¬ leum). Authority: Sections 1 to 4 issued under sec. 704, 64 Stat. 816. as amended; 50 U. S. C. App. 2154. Interpret or apply 64 Stat. 803; 50 U. S. C. App. 2101-2110. E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 CFR 1950 Supp. Section 1. What this regulation does. This regulation exempts all sales of the products and related services hereinafter listed from any ceiling price regulation issued by the Director of Price Stabili¬ zation. Sec. 2. Exemption. No ceiling price regulation issued by the Director of Price Stabilization shall apply to the products or related services listed in sections 3 and 4 of this regulation. However, any rec¬ ord relating to a commodity or service exempted from price control which you were required to have immediately prior to such exemption shall continue to be preserved, and made available for exam¬ ination by the Office of Price Stabiliza¬ tion or any other authorized agency of the United States, in the manner and for the period stipulated in the regulation requiring you to have such record. • Sec. 3. Exempt products or transac¬ tions (Solid Fuels), (a) Sales by pro¬ ducers or distributors of Pennsylvania anthracite when sold and delivered un¬ der the trade name, “Anthrafilt,” for use as a filter medium. (b) Sales by producers or distributors of bituminous coal when sold and de¬ livered as seacoal facing for use on a non-fuel basis in the preparation of molds for castings. (c) Sales by producers or distributors of Pennsylvania anthracite when sold and delivered under the trade name “Philterkol,” a specially prepared an¬ thracite used as a medium in hot process filtration. Sec. 4. Exempt products or transac¬ tions (Petroleum ). (a) All retail sales of petroleum products covered by CPR-13 and the supplements thereto, except Number 2 heating oil. (b) With the exception of Number 2 heating oil. all sales of gasolines, naph¬ thas, fuel oils, and liquefied petroleum gases, natural gas, petroleum gas, cas¬ inghead gas and refinery gas covered by CPR-17. (c) All sales of crude oil covered by CPR-32. (d) All sales of lubricating oils, greases, waxes, and certain other petro¬ leum products covered by CPR-63. (e) All sales of asphalt and asphalt products covered by CPR-66. Effective date. This General Overrid¬ ing Regulation 12, Revision 1, shall be¬ come effective February 12, 1953. Joseph H. Freehill, Director of Price Stabilization. February 12, 1953. — f ijiu ■ ■ ' • %,[■ 'V' B £ FILE following 81 Trans 61:R1 (2-18-53) 81 Trans 61 :R3 Exemption of Petroleum Products in the Territories and Possessions (Adding Sec. 4(f)) OFFICE General Overriding Regulation 12 Revision 1 Amendment 1 FEBRUARY 13, 1953 OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 12, Revision 1, Amdt. 1] GOR 12— Certain Solid Fuel Exemp¬ tions EXEMPTION OF PETROLEUM PRODUCTS IN THE TERRITORIES AND POSSESSIONS Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Amendment 1 to General Overriding Regulation 12, Revision 1, is hereby is¬ sued. STATEMENT OF CONSIDERATIONS By Revision 1, of-General Overriding Regulation 12, the Director of Price Sta¬ bilization, pursuant to the President’s program for the orderly removal of price controls, provided for the exemption of certain petroleum products from price control. In the revision of General Overriding Regulation 12 exempting petroleum products, the exemption of sales in the territories and possessions was not cov¬ ered. This amendment is issued to pro¬ vide that petroleum products exempted from price control by this General Over¬ riding Regulation are also exempted in the territories and possessions, except for sales in Puerto Rico of the petroleum products listed in Ceiling Price Regula¬ tion 13 and Ceiling Price Regulation 17. In view of the nature of this action consultation with industry representa¬ tives including trade association repre¬ sentatives has not been deemed prac¬ ticable or necessary. AMENDATORY PROVISIONS Section 4 of General Overriding Reg¬ ulation 12, Revision 1, is amended by adding a new paragraph (f) to read as follows: (f) Petroleum products exempted by this general overriding regulation are also exempted in the territories and pos¬ sessions, except for sales in Puerto Rico of the petroleum products listed in Ceil¬ ing Price Regulation 13 and Ceiling Price Regulation 17. Effective date. This amendment to Revision 1, of General Overriding Regu¬ lation 12, shall become effective Febru¬ ary 13, 1953. Joseph H. Freehill, Director of Price Stabilization. February 13, 1953. ; r... . ; amri'f • (S3-81-S) - , • Vi! ,.v. -■ 'll. t*v ; }:> \ n *..r. : n- k ca«i . /it/ ‘m IK:-1 " X'..-it.1 3Di -i ac- ■■ ' 3 ^ or r 5 •. «;•: ->• -s ■:< *-*e?:5 - vi UQ< 5:0^ ■- - • •• . • " v ' ‘ i • ■■ ’ ' '' ' < "-• -j'* ? ■ .■ ' .V : " ; • ' ;■ -Ji’j ■■ ./■ 1 • : >V. ' ... • •• : • “ ' .'1 ; : ' '**"• . • . ' . . . . • : ‘ V , vS: r*4) a . ’ I " *> . ‘ , •' ■ • . 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X' • • i ;!» *ii . . f. r FILE following 81 Trans 61:R3 (2-23-53) 81 Trans 61:R5 Solid Fuels and Related General Overriding Regulation 12 Commodities and Services Revision 1 Amendment 2 FEBRUARY 18, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 12, Revision 1, Arndt. 2| GOR 12 —Exemption of Certain Fuel Products SOLID FUELS AND RELATED COMMODITIES AND SERVICES Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this amend¬ ment to General Overriding Regulation 12, Revision 1, is hereby issued. STATEMENT OF CONSIDERATIONS This amendment exempts from price control all solid fuels and related com¬ modities and services not previously ex¬ empted. The nature and basis for this amendment is the same as that for GOR 12, Revision 1, issued February 12, 1953, and the statement of considerations ac¬ companying the latter regulation is equally applicable to this amendment. In accordance with the provisions of GOR 12, Revision 1, any record relating to a commodity exempted from price control which you were required to have immediately prior to such exemption shall continue to be preserved, and made available for examination by the Office of Price Stabilization or any other au¬ thorized agency of the United States, in the manner and for the period stipulated in the regulation requiring you to have such record. In view of the special nature and basis of this amendment, consultation with industry representatives was imprac¬ ticable and unnecessary. AMENDATORY PROVISIONS Section 3 of the General Overriding Regulation 12, Revision 1, is amended by adding the following new paragraphs: (d) Sales of coal, except Pennsylva¬ nia Anthracite, delivered from mine or preparation plant, and related services, covered by CPR 3. (e) Sales of bituminous briquets pro¬ duced at plants in or near the coal fields, and related services, covered by SR 1 to CPR 3. (f) Sales of Pennsylvania Anthracite delivered from mine or preparation plant, and related services, covered by CPR 4. (g) Sales of anthracite briquets pro¬ duced at plants in the Pennsylvania an¬ thracite field, and related services, cov¬ ered by SR 1 to CPR 4. (h) Sales of coal sold for direct use as bunker fuel covered by CPR 21. (i) Sales of solid fuels by Lake Coal Dock operators covered by CPR 27. (j) Sales of solid fuels by retail coal dealers covered by GCPR and SR 2 to GCPR. (k) Sales of coal by tidewater coal dock dealers covered by GCPR and SR 4 to GCPR. (l) Sales of coal for export covered by GCPR and SR 8 to GCPR. (m) Sales of coke, coal chemicals, and coke oven gas, as defined in SR 13 to GCPR, covered by GCPR and SR 13 to GCPR. (n> Sales of coal briquets, petroleum coke briquets, and packaged fuel cov¬ ered by GCPR and SR 78 to GCPR. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment to General Overriding Regulation 12, Revi¬ sion 1, shall become effective February 18. 1953. Joseph H. Freehill, Director of Price Stabilization. February 18, 1953. < fcflClfa f ' 1 £'l :u ij»' L loi Li n . mo a£u ./ o :Oi^o MO fcwiobS bno *hvH brio"’ : ! . •.• ’ OJ t ;:• -'■ 0 ■■l :■■■■-". ’.. * (1ft " ’ . ‘ Iff! • fc ■ i r.r. o I io M‘ »,! •" * .if ft I . ;t J »- i • ... /'Mid**. A n f' . Wi 1 >1 :A V : vr«W1 T o • a • !.'-■ i i- o' :> y b* t>- ; \>m t joitoxi rfoic >>mono »3 . i©»* 1 r ‘|,£ o jbfC a 5 V 3 n*>sA 1 l ■ ’). O O jn* hj • « t: 1 no I ;vi>H ::i -/ n. awoo tv . j; T!- ; r r ?.i ■ >0 ' .1 i uurid&L b* r noi&*vs£ ■ 1 * o > ’ -in JUT-. .! !j»t ra fif , i t. *cr qol* ' . .: .Ji- 4 8 -• . Horisb or. rtl : ...v' • t>V. 1 \ ... n tvo-' ,st m,-: ' 85 Serv 31:2C1 FILE following 85 Serv Tab (11-26-52) (REMOVE to Source File 85 Serv 31:C1-C17) Imports Ceiling Price Regulation 31 Collation 2 (Including Amendments 1—14) NOVEMBER 26. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza- Hon, Economic Stabilization Agency [Ceiling Price Regulation. 31. Collation 2] CPR 31— Imports COLL. 2—INCLUDING AMENDMENTS 1-14 Ceiling Price Regulation 31 is repub¬ lished to incorporate the text of Arndts. 1 through 14, inclusive. Ceiling Price Regulation 31 was issued May 4. 1951 (16 P. R, 4184). Statements of Considera¬ tion for Ceiling Price Regulation 31, and for Arndts. 1-14, inclusive, as previously published, are applicable to this repub¬ lication. The effective dates of this reg¬ ulation and the amendments are shown in a note preceding the first section of the regulation. ARTICLE I—SCOPE OP REGULATION Sec. 1. What this regulation does. 2. Applicability and prohibitions. ARTICLE n- PRICING METHOD 3. Formula for sales by Importers. 4. Formula for sales by wholesalers. 6. Retailers. 6. Calculation of base period dollar and cents Import markup. 7. Sellers who cannot price under other sections. 8. Processing. 9. Sale of Imported commodities In a re¬ lated range or line. ARTICLE m-GENERAL PROVISIONS 10. Taxes. 11. Restrictions on multiple handling. 12. Transfer of business or stock In trade. 15. Records. 14. Exemptions. 16. Enforcement. 16. Evasion. 17. Petitions for amendment. 18. Definitions. 10. Appendix. 20. Adjustments. 21. Reports. Authoritt: Sections 1 to 21 Issued under sec. 704, 64 Stat. 8l6, as amended: 60 U. 8. C. App. Sup. 2164. Interpret or apply Title IV, 64 Stat. 803, as amended, 50 U. S. C. App. Sup., 2101-2110, E. O. 10161, Sept. 9, 1950, 16 F. R. 6106; 3 CFR, 1960 8upp. Derivation: Sections 1-21 contained In Celling Price Regulation 31, May 4, 1951 (16 F. R. 4184), except as otherwise noted in brackets following text affected. Effective Dates: CPR 31; The effective date of this regulation shall be September 1, 1961 or such earlier date on which you file the list required by sections 5 or 6 of this regu¬ lation. [Effective date amended by amdts. 1, 3, 5. and 6.) Amendment 1, May 9, 1951. 16 F. R. 4369 Amendment 2, May 24, 1951, 16 F. R. 4936 Amendment 3, June 1, 1951, 16 F. R. 5167 Amendment 4, June 27, 1961, 16 F. R. 6311 Amendment 5, July 13, 1951, 16 F. R. 6800 Amendment 6, July 31. 1951, 16 F. R. 7591 Amendment 7, August 30, 1951, 16 F. R. 8826 Amendment 8, September 11, 1951, 16 F. R. 9077 Amendment 9, August 31, 1951, 16 F. R. 8982 Amendment 10, December 1, 1951, 16 F. R. 11956 Amendment 11, May 10. 1952, 17 F. R. 4145 Amendment 12, August 1, 1952, 17 F. R. 7074 Amendment 13, August 21, 1952, 17 F. R. 7690 Amendment 14, September 12, 1952, 17 F. R. 8261, 8577 ARTICLE I—SCOPE OF REGULATION Section 1. What this regulation does. This regulation provides a formula whereby importers, wholesalers, and re¬ tailers of imported commodities shall compute their ceiling prices for sales thereof on the basis of prices in effect during a base period extending from July 1, 1949, to June 30, 1950, inclusive. All of the provisions of the General Ceiling Price Regulation, except section 14, heretofore applicable to importers and to the sale of imported commodities are superseded hereby except with re¬ spect to the sale of the commodities listed in Appendix A. Sales of the com¬ modities listed in Appendix A shall con¬ tinue to be governed by the provisions of the General Ceiling Price Regulation unless or until otherwise covered by specific ceiling price regulations. With respect to the sale by other than im¬ porters of imported commodities at wholesale and retail levels. Ceiling Price Regulation 7 shall govern the pricing at the retail level of all imported non-food commodities specifically covered thereby, and Ceiling Price Regulations 14,15, and 16 shall govern the pricing at the whole¬ sale and retail level of all imported food commodities specifically covered thereby. Any imported commodity which does not specifically fall within the coverage of Ceiling Price Regulations 7, 14, 15, and 16 shall be priced for wholesale or retail sale under sections 4 and 5 of this regu¬ lation, respectively. Sec. 2. Applicability and prohibi¬ tions —(a) Applicability. This regula¬ tion is applicable to the continental United States. (b) Prohibitions. On and after the effective date of this regulation, regard¬ less of any contract or other obligation, excepting as set forth in section 14 (c) of this regulation, (1) you shall not sell or deliver any imported commodities covered by this regulation at prices higher than the ceiling prices fixed by this regulation; (2) you shall not buy or receive in the course of trade or busi¬ ness any imported commodities covered by this regulation at prices higher than the ceiling prices fixed by this regula¬ tion; and (3) you shall not agree, offer, solicit, or attempt to do anything pro¬ hibited in this regulation. Prices lower than the ceiling prices may be charged, demanded, paid, or of¬ fered. ARTICLE n— PRICING METHOD Sec. 3. Formula lor sales by importers. (a) If you are an importer, your ceiling price for the sale of any commodity cov¬ ered by this regulation to any class of buyer (except retail customers) shall be the landed cost of the commodity, plus a dollar and cents markup based on sales by you of such commodity to that class of buyer during the base period, as cal¬ culated under section 6 of this regula¬ tion. If you made no sales of the com¬ modity during the base period to buyers of that class, your markup shall be cal¬ culated under section 6 of this regulation but by reference to other sales as pro¬ vided for in section 7 of this regulation. (b) Where the commodity you are pricing is owned by you but has not ar¬ rived in the United States, you may esti¬ mate your landed cost of the commodity. Such estimated landed cost shall reflect your purchase contract cost and the costs of importation reasonably to be anticipated and not already included in the purchase contract cost. In the event such estimated costs exceed your actual costs, as finally determined, you shall either remit or credit the difference to- your purchaser. (c) You may not receive a commission from a foreign seller higher than that which you received during the base pe¬ riod, nor may you receive both a com¬ mission from a foreign seller and a markup on the same transaction, with¬ out prior application to and approval thereof by the Office of Price Stabiliza¬ tion, Exports-Imports Branch, Wash¬ ington 25, D. C. In your application you must set forth in detail all of the facts relating to, as well as the historical back¬ ground for, such a request. Sec. 4. Formula for sales by whole¬ salers. If you are a wholesaler of im¬ ported commodities which you sell in essentially the same form in which im¬ ported, your ceiling price for the sale of any such commodity covered by this regulation, except food commodities specifically covered by name or category by Ceiling Price Regulation 14, to any class of buyer shall be your cost of ac¬ quisition plus a base period dollar and cents markup based on sales by you of such commodity to that class of buyer dining the base period, as calculated under section 6 of this regulation. If you made no sales of the commodity dur¬ ing the base period to buyers of that class, your markup shall be calculated under section 6 of this regulation but by reference to other sales as provided for in section 7 of this regulation. 85 Serv 31:2C2 Sec. 5. Retailers—(a) Importing re¬ tailer. If you are an importer who sells at retail the commodities imported by you in essentially the same form in which Imported, your ceiling price for any sale to retail customers shall be the landed cost of the commodity plus a base period percentage markup determined as fol¬ lows: (1) Choose one of the following bases for computing your markup: (1) A commodity by commodity basis e. g., a specific doll; (ii) A category by category basis, e. g., all toys; (iii) A country of origin basis, e. g., imports from the United Kingdom, Switzerland, etc.; (iv) A storewide, departmental or smaller selling unit basis, e. g., a mark¬ up for the furniture sales department; You may elect a different basis for com¬ puting a markup for each department or other selling unit. Once you have elect¬ ed one of the bases of this subparagraph for a department or other selling unit, you must use that basis in determining the markup for all imported commodi¬ ties you price under this section which that selling unit offered or would have offered for sale during the base period. (2) You shall next choose from the base period a representative quarter for your import business for the purpose of calculating your markups. However, if, during this representative quarter, you received no invoices and made no initial offerings of the commodity for which a markup is being determined, you shall refer to your invoices and initial offer¬ ings for that commodity in a quarter within the base period nearest in time to the representative quarter. (3) Determine your percentage mark¬ up by reference to those records avail¬ able to you from the quarter chosen by you which show all your landed costs and initial offering prices. This percentage markup shall be the markup computed on one of the four bases referred to in subparagraph (1) of this paragraph. For example, if you elect a commodity by commodity basis for the men’s and boys’ shoe department, the markup on each commodity offered for sale by that department must be computed separate¬ ly. If, however, you elect a category by category basis for the men’s and boys’ shoe department, and if you divide that department into two categories—e. g., the category of men’s shoes and the cate¬ gory of boys’ shoes—then, in determining the markup of the commodities included in each category, you must refer to the invoices of all the comodities in that category. Each commodity in the same category will have the same markup. If you elect a country of origin basis for a particular department, then all imported commodities in the department must be grouped according to their country of origin. The markup will then be deter¬ mined for each country of origin group¬ ing so that all commodities from the same country that are offered for sale by that department will have the same markup. If you elect a storewide, de¬ partmental or smaller selling unit basis, then, in determining the markup of the commodities offered for sale by that unit during the base period, you must refer to the purchase invoices of all those commodities. Each commodity will have the same markup. All new commodities—that is, com¬ modities that were not offered for sale during the base period—will have their markup determined in the following manner: Ascertain the department of selling unit which, in the base period would probably have been designated as the unit for selling that commodity. If that selling unit uses a commodity by commodity basis, then the new com¬ modity must determine its markup un¬ der section 7 of this regulation. If that selling unit uses a category by category basis or a country of origin basis, then the new commodity must use the markup of that category or country of origin to which it belongs. If that selling unit uses the fourth basis, the selling unit basis, then the new commodity must use the markup of that selling unit to which it belongs. To compute your percentage markup you shall: (i) Total your landed costs as shown on your invoices; (ii) Total your dollars and cents mark¬ ups as calculated from the initial offer¬ ing prices as shown on your invoices; (iii) Divide your total dollars and cents markups by your total landed costs. (4) You shall report all the base pe¬ riod percentage markups for imported commodities calculated by you under subparagraphs (1), (2) and (3) of this paragraph, not later than October 1, 1951. You shall furnish the Office of Price Stabilization District Office in your area by registered letter with the follow¬ ing information: (i) The commodity or commodities you are pricing; (ii) The department or selling unit selling the commodity or commodities during the base period; (iii) Your basis elected under subpar¬ agraph (1) of this paragraph and de¬ scribed by you; (iv) Your representative quarter elect¬ ed under subparagraph (2) of this para¬ graph; (v) The percentage markup per unit you have calculated under this regula¬ tion. (5) For commodities not reported by you under subparagraph (4) of this paragraph and priced after October 1, 1951, you shall determine a percentage markup as provided in subparagraphs (1), (2), (3) of this paragraph, and re¬ port your percentage markup for each such commodity at the end of the calen¬ dar quarter during which it was first priced or offered for sale. You shall fur¬ nish the Office of Price Stabilization Dis¬ trict Office in your area by registered letter with the following information: (i) The commodity or commodities you are pricing; (ii) The department or selling unit selling the commodity or commodities during the base period; (iii) Your basis elected under subpar¬ agraph (1) of this paragraph, and de¬ scribed by you; (iv) Your representative quarter elect¬ ed under subparagraph (2) of this para¬ graph ; (v) The percentage markup per unit you have calculated under this regula¬ tion. (6) If you are unable to determine a markup for such a commodity under sub- paragraphs (1), (2) and (3) of this par¬ agraph, you shall determine your ceiling price and markup under the provisions of section 7 of this regulation. (b) Non-importing retailer. (1) If you are a retailer (but not the importer) of imported commodities which you sell in essentially the same form in which imported, your ceiling price for any such commodity, except imported non-food commodities specifically covered by name or category by Ceiling Price Regu¬ lation 7, and except imported food com¬ modities specifically covered by name or category by Ceiling Price Regulations 15 and 16, shall be your cost of acquisi¬ tion plus a percentage markup calcu¬ lated and reported in accordance with the provisions of paragraph (a) of this section. Use your cost of acquisition wherever “landed costs’’ is referred to in paragraph (a) of this section. (2) If you have no records from the base period enabling you to price under the above provisions, you may either use your store markup or your departmental or other selling unit markup applicable to the imported commodity, reporting this markup pursuant to the provisions of paragraph (a) (4) of this section, or you may determine your ceiling price and markup for that commodity under the provisions of section 7 of this regulation. (c) Imported commodities in inven¬ tory at the effective date. In determin¬ ing your landed costs or cost of acquisi¬ tion for your imported commodities in inventory on the effective date of this regulation, you shall take the invoice cost on the last invoice you received be¬ fore January 26, 1951 for the particular commodity being priced. If you had no invoices for the commodity before Janu¬ ary 26, 1951, you shall take the invoice cost from the first invoice received by you thereafter. [Sec. 5 amended by Arndts. 1, 3 and 7| Sec. 6. Calculation of base period dol¬ lar and cents import markup, (a) If you are an importer, wholesaler or a processor of imported commodities, un¬ less you are a wholesaler pricing an im¬ ported food commodity under Ceiling Price Regulation 14, your base period dollar and cents markup for a commod¬ ity shall be calculated under this regu¬ lation as follows: (1) You ascertain from your records all of your base period sales of the type upon which your base period markup is to be calculated, i. e., either base period sales of the commodity you are pricing to the class of buyer for which you are pricing, or base period sales of a kind you are permitted to use under the pro¬ visions of section 7 of this regulation. (2) You then determine the total dol¬ lar sales value of all such base period sales. (3) You then select, from such base period sales, any sale or sales which rep- 85 Serv 31:2C3 resent at least ten percent of the total dollar sales value of all such base period sales and calculate the weighted average dollars and cents markup per unit over landed cost of the commodity, if you are an importer, or over your cost of acqui¬ sition, if you are a wholesaler or a proc¬ essor, yielded by those selected sales. Such weighted average may be deter¬ mined, as illustrated in the example be¬ low, by computing the total dollar and cents markup for those selected sales (total sales price minus total of landed costs for an importer, or total costs of acquisition, for a wholesaler or proces¬ sor) and dividing that total markup by the total number of units. The result is your weighted average dollar and cents markup per unit for sales of the com¬ modity you are pricing to the class of buyer involved. (If you selected a single sale, which accounts for ten percent of your total dollar sales value of such base period sales, you may use the dollar and cents markup yielded by that single sale. (1) Example: Suppose you base period sales upon which you are calculating your markup under the provisions of this section were as follows: Sale Units Sales price Per¬ cent¬ age of total sales Cost of acquisi¬ tion or landed cost Dollars and cents mark¬ up Dollars and cents mark¬ up per unit # 1 .... 2,500 $250.00 5% $225.25 $24.75 $0.0099 4,000 400.00 8% 364.00 36.00 .009 «... 11,000 1 , 100.00 22% 1,012.00 88.00 .008 #4._ 12,500 1, 250.00 25% 1,150.00 100.00 .008 #5..- 20,000 2,000.00 40% 1,850.00 150.00 .00755 100% (11) You may select sales #1 and #2 In order to determine the markup. You may not select either sale #1 or sale #2 alone, since neither sale alone accounts for ten percent of the total dollar sales value of base period sales. Taking the weighted average of the dollar and cents markups yielded by the two sales, you obtain a unit markup of $.000346 ($24.75+$36.00-4-2,600 + 4,000= $.009346). (b) In every case where you calculate for the first time the dollar and cents markup per unit you are going to use or do use in determining the ceiling price of an imported commodity, you shall fur¬ nish the Office of Price Stabilization Dis¬ trict Office in your area by registered letter the following information in du¬ plicate : (1) The commodity. (2) The class of buyer. (3) The dollar and cents markup per unit you are permitted to use under this regulation. List of markups for commodities in in¬ ventory as of May 9, 1951, shall be re¬ ported on or before July 15, 1951. Lists of markups for commodities contracted for as of May 9, 1951, shall be reported on or before July 15, 1951. Lists of markups for commodities neither in In¬ ventory nor contracted for as of May 9, 1951, shall be reported within fifteen days after receipt of the commodity. (Paragraph (b) amended by Amdte. 1, 3 and 11) Sec. 7. Sellers who cannot price under other sections, (a) If you are unable to compute your markup and ceiling price under any of the other sections of this regulation, then your markup and ceil¬ ing price shall be the landed cost or cost of acquisition, as the case may be, plus a base period markup as calculated under section 5 or section 6 of this regu¬ lation, whichever is applicable, based on sales, if you are an importer or whole¬ saler, or initial offerings, if you are a retailer, during the base period of the type set forth below in the following order of preference: (1) Sales of the commodity you are pricing to buyers of the next most close¬ ly related class; (2) Sales, if you are an importer or wholesaler, or initial offerings if you are a retailer, of a comparison commodity to buyers of the class for which you are pricing; (3) Sales of a comparison commodity to buyers of the next most closely re¬ lated class. If you calculate your base period mark¬ up and ceiling price by reference to one of the types of base period sales or offer¬ ings set forth above, you shall, before making sales of the commodity you are pricing, advise the Office of Price Sta¬ bilization, Export-Import Branch, Wash¬ ington 25, D. C., by registered letter, what markup and ceiling price you pro¬ pose to use, showing how they were com¬ puted and describing the “comparison commodity” and/or "class of buyer” used. Unless this proposed markup and ceiling price are rejected by the Office of Price Stabilization within ten days of the postmarked date of your letter, you may proceed with sales until advised to the contrary. (b) If you are unable to compute a markup and ceiling price for the com¬ modity you are pricing, under paragraph (a) of this section, or under any pro¬ visions of this regulation, you may apply in writing to the Office of Price Sta¬ bilization, Export-Import Branch, Wash¬ ington 25, D. C., for the establishment of a markup and ceiling price. Your application shall contain: (1) An ex¬ planation of why you are unable to compute a markup and ceiling price under this regulation; (2) a complete description of the commodity; (3) the nature of your business; (4) your landed costs or cost of acquisition broken down into the elements thereof; (5) your pro¬ posed markup, indicating how it was computed; (6) your proposed ceiling price, indicating how it was computed; (7) a reasonable markup and ceiling price, if any exists currently, and can be ascertained, in the trade for the com¬ modity or for a comparison commodity. If your proposed markup and ceiling price are not rejected by the Office of Price Stabilization within ten days of the postmarked date of your letter, you may proceed with sales until advised to the contrary. (c) Once you have determined under the provisions of this section a markup which has not been disapproved by the Office of Price Stabilization, you may continue to use that markup for future sales of the same commodity to the same class of buyer. (Sec. 7 amended by Arndts. 6 and 7] Sec. 8. Processing. If you are an im¬ porter and also process (as defined in section 18 of this regulation) commodi¬ ties you import, you may, in determining your ceiling price, add the actual costs of processing to your landed costs. If you process imported commodities pur¬ chased from an importer, you may, in determining your ceiling price, add the actual costs of processing to your cost of acquisition: Provided, That if your markup as calculated under section 6 of this regulation included the costs of processing, you may add only those costs of processing which were in excess of the cost of processing during the base period. Sec. 9. Sale of imported commodities in a related range or line, (a) If you are a seller of imported commodities in a related range or line, you may maintain your customary price differentials on those imported commodities, provided that their total sales value does not ex¬ ceed that which would otherwise be their total sales value if you sold the items in the range or line separately at their re¬ spective ceiling prices. (b) Where you have an inventory or purchase commitment of a commodity at a different ceiling price than the ceil¬ ing price of the same commodity re¬ ceived in a different shipment, you may use a uniform selling price (for that commodity), provided that in such case you shall compute a ceiling price for the entire inventory and purchase commit¬ ments by using properly weighted aver¬ age costs of your inventory and purchase commitments, and provided that the total sales value shall not exceed that which would otherwise be the total sales value at ceiling prices for each item in such ilot if sold separately. ARTICLE in-GENERAL PROVISIONS Sec. 10. Taxes. In addition to your ceiling price, you may collect tne amount of any excise, sales, or similar taxes paid by you only if, during the base period, you stated and collected such taxes sep¬ arately from your selling price. In the case of such a tax imposed by law which is not effective until after June 30, 1950, you may collect the amount of the tax actually paid by you, in addition to your ceiling price, if not prohibited by the tax law. You must in all such cases state separately the amount of the tax. Sec. 11. Restrictions on multiple han¬ dling. For the purposes of this Ceiling Price Regulation, markups shall be al¬ lowed only when the following sequences of distribution are followed. These are (a) sales by importers to industrial users, to processors, to wholesalers, or to retailers; (b) sales by wholesalers to industrial users, or to retailers; (c) sales by processors to wholesalers, to retailers or to consumers; (d) sales by retailers to consumers. If you are a wholesaler who buys commodities from another wholesaler, no markup may be added unless specifically authorized by order of the Office of Price Stabilization. Such authorization may be granted upon ap¬ plication to the Office of Price Stabiliza- library university c 85 Serv 31:2C4 tlon, Exports-Imports Branch. Wash¬ ington 25, D. C., when it can be estab¬ lished that the second wholesaler per¬ forms a recognized distributive function in accordance with the usual practice of the trade. Sbc. 12. Transfer of business or stock in trade. If the business, assets or stock in trade of any business were sold or otherwise transferred since July 1, 1949, or are sold or transferred after the effective date of this regulation, and the transferee carries on the business, or continues to deal in the same type of commodities, the maximum prices of the transferee shall be the same as those to which his transferor would have been subject if no such transfer had taken place, and his obligation to keep records sufficient to verify such prices shall be the same. The transferor shall either preserve and make available, or turn over, to the transferee all records of transactions prior to the transfer which are necessary to enable the transferee to comply with the record provisions of this regulation. Sec. 13. Records, (a) This section tells you what records you shall preserve and what additional records you must prepare and keep available for exami¬ nation by the Office of Price Stabilization for so long as the Defense Production Act of 1950 is in effect and for two years thereafter. (b) You must preserve and keep avail¬ able as required in paragraph (a) of this section those records in your possession showing the prices charged by you for the commodities you delivered during the base period, and those records you used to establish the markups you charged during the base period, and those rec¬ ords you used showing how you calcu¬ lated your base period markup. You must also prepare and preserve a state¬ ment of your customary price differen¬ tials. terms and conditions of sale, and classes of purchasers, which you had in effect during the base period. (c) You shall prepare and keep avail¬ able, as required in paragraph (a) of this section, records of the kind you cus¬ tomarily keep; specifically you must also keep records showing the date of each sale or contract, the names of the parties thereto, the prices charged, the landed cost or the cost of the commodity to you. If you are a retailer, however, you are required only to preserve your purchase invoices and to record thereon your sell¬ ing price. (d) If you are a seller who has cus¬ tomarily given a purchaser a sales slip, receipt, or similar evidence of purchase, you shall continue to do so. Upon re¬ quest from a purchaser, any seller, re¬ gardless of previous custom, shall give the purchaser a receipt showing the date, the name and address of the seller, the name of each commodity or service sold, and the price received for it. Sbc. 14. Exemptions, (a) This regu¬ lation does not apply to sales of com¬ modities for which import ceiling prices have been or hereafter will be estab¬ lished under other regulations or sup¬ plements, or to sales of commodities which are specifically exempted from the application of ceiling prices by other regulations or orders of the Office of Price Stabilization. (b) This regulation does not apply to sales of hand knotted oriental rugs and imported handicraft objects which are sold for household or personal use in substantially the same form as imported, and which are the product of individ¬ uals, families, tribes, or other small groups. (c) Nothing in this regulation shall operate to prevent the performance of a written contract for the sale of an imported commodity entered into prior to May 9, 1951 and executed in strict compliance with the provisions of the General Ceiling Price Regulation; Pro¬ vided, (1) That such contract covers a commodity which the seller as of the date of the contract had in inventory or under purchase commitment, and (2) That such contract covers a specified quantity of a described commodity at a fixed price per unit. [Paragraph (c) amended by Amdt. 1] (d) This regulation does not apply to the sale of the commodities listed in Appendix A. (e) This regulation does not apply to the sales of commodities transported into the continental United States for transshipment abroad and which do not enter into the domestic commerce of the United States and which are either, (1) Entered at Customs in transit on a “Transportation and Exportation (TE) entry” or on an “Exportation (Exp.) entry” or (2) Stored in transit in a bonded ware¬ house or stored in a foreign trade zone. Sec. 15. Enforcement. If you violate any provision of this Ceiling Price Regu¬ lation you are subject to the criminal penalties, civil enforcement actions, and suits for treble damages provided for by the Defense Production Act of 1950. Sec. 16. Evasion. Any practice which results in obtaining indirectly a higher price than is permitted by this regula¬ tion is a violation of this regulation. Such practices include, but are not lim¬ ited to, devices making use of commis¬ sions, services, cross sales, transporta¬ tion arrangements, premiums, discounts, special privileges, tie-in agreements or combination sales, and trade under¬ standings. Sec. 17. Petitions for amendment. If you wish to have this regulation amend¬ ed, you may file a petition for amend¬ ment in accordance with the provisions of Price Procedural Regulation 1 (15 P. R. 9055). Sec. 18. Definitions. 'This Ceiling Price Regulation and the terms which appear in it shall be contrued in the following manner: (a) Classes of sellers and buyers —(1) Importer. This term means the person by whom a commodity is imported and who first sells it after importation. (2) Wholesaler. This term means any person who performs a recognized distributive function, purchases imported commodities directly from an importer and who sells or delivers them in essen¬ tially the same form as imported to an¬ other wholesaler, industrial user, or a retailer in accordance with established trade practice. (3) Retailer. This term means any person who buys or receives imported commodities and who actually sells them in essentially the same form as imported to an ultimate consumer other than an industrial or commercial user. (4) Supplier. This term means the person from whom an importer covered by this regulation procures a commodity. (5) Industrial user. This term means a person who uses an imported com¬ modity or commodities in fabrication, manufacture, or production. (6) Retail customer. This term means the person who buys commodities from a retailer in customary retail quan¬ tities and at customary retail prices for the purpose of normal individual or household consumption rather than for resale, fabrication, processing or manu¬ facture. (7) Wholesale customer. This term means the person who is not a “retail customer” and who buys commodities in customary wholesale quantities and at customary wholesale prices for purposes other than for normal individual or household consumption. (8) Seller. This term includes the seller of any commodity. Where a seller at retail makes sales through more than one selling unit or place of business (other than salesmen making sales at uniform prices) each such selling unit or separate place of business shall be deemed to be a separate seller. (9) Class of buyer. This term means that group of persons to which you sell imported products and which you distin¬ guish from other groups of buyers with respect to price or terms and conditions of sale by reason of location, quantity purchased, or functions in distribution, i. e., manufacturer, wholesaler, retailer, processor or end user. (10) Category. This term means a group of commodities which are normal¬ ly classed together in your industry for purposes of accounting or sales. (11) Selling unit. This term means an organizational grouping selling one or more commodities that are classed to¬ gether in your business for purposes of accounting or sales. [Subparagraphs 10 and 11 added by Arndt. 7] (b) Pricing —(1) Commodity. This term Includes not only those items or groups of items generally called com¬ modities, but also materials, articles, or products. (2) Comparison commodity. This term means a commodity which is one with the same or next lowest or high¬ est current unit direct cost, whichever is closer to the cost of the new commod¬ ity, and which has the same essential characteristics as does the new commod¬ ity for which you are computing a ceil¬ ing price. (3) Cost of acquisition. This term means the actual cost of the commodity to a buyer, which shall not exceed the ceiling price of the supplier at the point of delivery plus such costs of delivery actually incurred by the buyer. (4) Foreign invoice cost. This term means the amount stated on your for- 85 Serv 31:2C5 » eign invoice less any discount or allow¬ ances, but including separately stated charges except such charges as are in¬ cluded in costs of importation as herein defined. (5) Costs of importation. This term means those costs actually incurred or to be incurred by you in moving the goods from the place of foreign origin to the place of destination and include, but are not necessarily limited to, for¬ eign export and other taxes directly re¬ lated to the transaction, foreign ocean and domestic transportation costs, cus¬ toms duties, dock charges, clearance, in¬ surance, letter of credit or other finance charges, and any customary buying com¬ mission to a purchasing agent outside the continental United States. (6) Landed cost. This term means the foreign invoice cost plus the costs of importation. If your foreign invoice states charges included in the costs of importation, you shall not include the same item more than once. (7) Purchase contract cost. This term means the price the importer paid for the commodity including any charges and expenses incurred in, or in connec¬ tion with, the moving of the commodity to destination which are borne by the foreign seller. (8) Next most closely related class of buyer. This term means the class of buyer to which you sold, during the base period, the commodity you are pricing, or a ‘‘comparison commodity,” and which in terms of quantity and conditions of sale is most similar to the class of buyer for which you are pricing. (9) Most closely competitive seller of the same class. This term means the seller with whom you are in most direct competition even though he may per¬ form a different function with respect to the commodity. You are in direct com¬ petition with another seller who sells the same types of commodities to the same classes of purchaser in similar quantities, in similar terms and, if you are selling a commodity you supply ap¬ proximately the same amount of service. (10) Inventory. This term means the sum total of stocks or goods owned by the importer which are in the United States, its territories and possessions, or which are afloat destined for the United States, its territories and possessions. (11) Purchase commitment. This term means an agreement between the foreign seller and American buyer for a specified quantity of a described article for definite shipment to the United States, its territories or possessions at a stated fixed price. (c) General —(1) Base period. This term means the period from July 1, 1949 to June 30, 1950, inclusive. (2) Ceiling price. This term means the highest price at which an imported commodity covered by this regulation may be sold. (3) General Ceiling Price Regulation. This term means the General Ceiling Price Regulation issued on January 26. 1951 by the Director of Price Stabiliza¬ tion as amended and supplemented. (4) You or person. This term includes any individual, corporation, partnership, association or any other organized group of persons, or legal successors or repre¬ sentatives of the foregoing, and the United States or any other government or their political subdivision or agencies. (5) Records. This term includes but is not limited to books of account, sales lists, sales slips, orders, vouchers, con¬ tracts, receipts, invoices, bills of lading, and other papers and documents. (6) Sell. This term includes sell, sup¬ ply. dispose, barter, exchange, transfer or deliver. (7) Imported. A commodity is im¬ ported which is transported from a place outside the continental limits of the United States to a place inside the con¬ tinental limits of the United States, its territories and possessions. However, commodities shipped into the United States, its territories and possessions from outside thereof and entered in a foreign trade zone or under general order or in a bonded warehouse for transshipment and actually trans¬ shipped to a destination outside the con¬ tinental limits of the United States shall not be deemed to be “imported”. (8) Delivered. A commodity shall be deemed to have been delivered during a specified period if during that period it was received by the purchaser or his agent or by any carrier, including a car¬ rier owned or controlled by the seller, for shipment to the purchaser. (9) Processing. This term means the sorting, grading, cleaning, repacking, assembling, or otherwise manipulating of a commodity but not to the extent that there results therefrom a new and different article having a distinctive character. The term “processing” in¬ cludes, among other things, the grinding of imported or mixed domestic and im¬ ported spices, seeds or herbs, and the shelling, roasting or salting of imported nuts. If you process imported or mixed domestic and imported spices, seeds or herbs, or if you process imported nuts, you may continue to use your ceiling prices in effect on July 31, 1952 for such commodities, but if you have not pre¬ viously filed for any such commodity under this regulation, you must comply with the provisions of section 7 (b) of this regulation before September 15, 1952 or before making any sales of the commodity, whichever occurs later. [Subparagraph (9) amended by Amdt. 12] Sec. 19. Appendix. The appendix to this regulation entitled “Appendix A” and listing the commodities excluded from the application of this regulation, is incorporated herein and made a part hereof. Sec. 20. Adjustments, (a) Applica¬ tion for adjustment of price under this regulation shall be filed in accordance with Price Procedural Regulation No. 1, Revised. The Office of Price Stabiliza¬ tion may adjust by order any markup es¬ tablished under this regulation for any seller or group of sellers when it can be shown that the applicant had a markup for a commodity substantially below the normal markup in the trade so as to create a situation of hardship; or that the applicant’s dollars and cents markup has become so small because of increased landed costs as to create a situation of hardship. (b) The applicant in filing under this provision shall provide the following in¬ formation: (1) The percentage the sales of the commodity in question bore to the ap¬ plicant's total sales of imports during the six months prior to the date of applica¬ tion for adjustment; (2) An explanation of the abnormal¬ ity of the markup and of the hardship resulting therefrom; (3) His ceiling price under Ceiling Price Regulation 31; (4) His markup under Ceiling Price Regulation 31; (5) His ceiling price under the Gen¬ eral Ceiling Price Regulation; (6) His markup under the General Ceiling Price Regulation; (7) His proposed ceiling price; (8) His proposed markup; (9) An explanation of the method by which he determined his proposed markup. (c) The relief granted under this pro¬ vision shall be no more than may bring the applicant’s markup in line with markups prevailing in the trade. [Sec. 20 added by Amdt. 7] Sec. 21. Reports. Copies of forms that may be used in filing under this regula¬ tion may be obtained from any Regional or District Office of the Office of Price Stabilization. [Sec 21 added by Amdt. 7] Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Tighe E. Woods, Director of Price Stabilization. By: Joseph L. Dwyer, Recording Secretary. Appendix A to Chucnq Price Regulation No. 31 1. The Important strategic commodities that are today excepted from this regula¬ tion are as follows: Paragraph Aluminum—metal, ore, foil, alloys_ 207, 374,382 Arsenic, metallic- 379 Bauxite _______6, 207 Bismuth_ 22,377 Cadmium_ 378 Celestlte_ 1776 Chrome—salts, metal and alloys- 8. 301,302 Cobalt, compounds and salts (except oxide)_ 29 Copper—metal, concentrates, blister, compounds, and salts- 5, 76. 302, 381, 387, 1657, 1658, 1869 Corundum and emery_1614,1672 Ferro-alloys_ 302 Iron ore_ 1700 Lead—metal (ores, concentrates, com¬ pounds and alloys_ 46, 391, 392 Magnesite_ 201,204 Magnesium_ 376 Manganese, metal_ 302 Mica, waste and scrap, ground and pulverized_ 208 Molybdenum—metal, ore, concen¬ trates_ 301.302,305,318 Monazlte sand_ 1721 Naval Stores_ 90 (Except gum rosin and gum turpentine) Nickel—ores, concentrates, metal, al¬ loys _ 302. 380, 389, 1734 Platinum_ 1734,1744 Quartz crystals_ 1636 85 Serv 31-.2C6 Paragraph Quinine sulphate, all alkaloids and salts of alkaloids derived from cin¬ chona bark_ 1748 Shellac_ 1707 Spiegelelsen- 301,302 Talc, steatite_ 209 Thorium—metal, ores, alloys, nitrate, oxides and other salts_ 87,302,1721 Titanium—metal, ore, compound and mixtures_ 89, 302,1719 Tungsten—metal, concentrates, pow¬ der, alloys and compounds_ 302 Uranium—ores, metal, alloys, oxides, salts and compounds_ 302,1719,1792 Vanadium—metal, ore, alloys, com¬ pounds, mixtures and salts_ 91, 302,1719 Zinc—metal, ore, concentrates, scrap. 393, 394 2. Important commodities that are highly essential to the basic cost of living that are today excepted from this regulation are as follows: Paragraph Butter and substitutes_ 709 Cocoa—specifically covered by Supple¬ mental Regulation No. 3 to the Gen¬ eral Celling Price Regulation. Coffee—specifically covered by Supple¬ mental Regulation No. 3 to the Gen¬ eral Celling Price Regulation. Eggs... 713 Hides and skins: Calf_ Cattle_ Buffalo_ Cabretta_ Deer_ 1530 (a) 1530 (a) 1530 (a) 1765 1765 Paragraph Hides and skins—Continued Goat. 1766 Horse_ 1765 Kangaroo_ 1765 Kid _ 1765 Kipskins_ 1530 (a) Lamb, Including cooled and shear¬ lings _ 1765 8heep_ 1765 Leather—Including tanned and fin¬ ished, seml-tanned or rough tanned or otherwise partly finished_ 1530 (b), 1530 (d) Leather, made from goat or sheep skins, raw, seml-tanned, rough tanned or pickled_ 1630 (c) Lumber, Including lots_ 401, 402, 404,1803 Meats, fresh, chilled or frozen_ 701, 702, 703, 704 Milk—fresh or sour, whole or skimmed, condensed, evaported, dried, malted..__ 707, 708 Molasses and sugar syrup_ 502 Tea---- 1783 (b) Woven fabrics, containing 25 percent or more of woolen fabric by weight_1108, 1109 (a) 3. Important commodities that are ex¬ cepted from this regulation because they are covered by a United States Government pur¬ chase program today Include the following: Paragraph Rubber, crude, latex and synthetic_ 1558, 1697 Note: The paragraphs referred to and as shown above opposite each category or com¬ modity are the pertinent paragraphs from the current U. S. Tariff Schedule as published by the U. S. Tariff Commission. The purpose of specifying these paragraph numbers Is to fully describe the Item, and the description given In the Tariff Schedule la the governing factor per Item, to the extent such paragraph applies to the Item as stated In the list. 4. Commodities excepted from this regu¬ lation because they are or will be adequately dealt with under other regulations are as follows: Paragraph Distilled spirits—but only when sold by non-lmportlng wholesal¬ ers _ 802 Wines—but only when sold by non- lmportlng wholesalers_ 803, 804 [ Paragraph 4 added by Amdt. 9 ] 5. Any sale of the following Important commodities Is excepted from coverage by this regulation provided that the selling price does not exceed 81-21% per pound, metal content, f. o. b. New York; however, a seller may choose to comply with the pro¬ visions of CPR 31 and calculate a celling price under that regulation even though such price may be higher than the 81.21% per pound price: Tin—metal, ore, concentrates, powder, scrap alloys_ 88, 382, 392, 1785, 1786 [Paragraph 5 added by Amdt. 14] [Appendix A amended by Arndts. 1, 2, 3, 8, 10 and 13] FILE following 85 Serv 31:2C6 (11-26-52) 85 Serv 31:2C7 Definition of Processing Ceiling Price Regulation 31 Amendment 15 NOVEMBER 26, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency |Ceiling Price Regulation 31, Amdt. 15] CPR 31— Imports DEFINITION OF PROCESSING Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 15 to Ceiling Price Regulation 31 is hereby issued. STATEMENT OF CONSIDERATIONS The definition of “processing” in sec¬ tion 18 . The statement of considerations applicable to the action providing the exemption under GOR 7 is equally appli¬ cable here. This amendment also eliminates the shelling, roasting or salting of imported nuts from the definition of “processing” in section 18 (c) (9) of Ceiling Price Regulation 31. This is done to conform this regulation to CPR 22, under which a supplementary regulation is being issued to provide that persons perform¬ ing such operations constitute manufac¬ turers covered by that regulation. FINDINGS OF THE DIRECTOR In formulating this amendment the Director of Price Stabilization has con¬ sulted extensively with industry repre¬ sentatives, including trade association representatives, and has given full con¬ sideration to their recommendations. In his judgment the provisions of this amendment are generally fair and equitable, are necessary to effectuate the purposes of Title IV of the Defense Pro¬ duction Act of 1950, as amended, and comply with all the applicable standards of that act. AMENDATORY PROVISIONS Section 18 (c) (9) is amended by de¬ leting everything after the first sen¬ tence, so that the section, as amended, reads as follows: (9) Processing. This term means the sorting, grading, cleaning, repacking, as¬ sembling, or otherwise manipulating of a commodity but not to the extent that there results therefrom a new and dif¬ ferent article having a distinctive char¬ acter. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment shall become effective November 26, 1952. Edward F. Phelps, Jr., Acting Director of Price Stabilization. November 26, 1952. » — * - • . . . , ; ■ ' FILE following 85 Serv 31:2C7 (12-30-52) 85 Serv 31:2C9 Suspensions and Exemptions (Adding Sec. 22) OFFICE OF PRICE STABILIZATION Ceiling Price Regulation 31 Amendment 16 DECEMBER 30, 1952 WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Celling Price Regulation 31, Arndt. 161 CPR 31— Imports SUSPENSIONS AND EXEMPTIONS Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 16 to Ceiling Price Regulation 31 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to Ceiling Price Reg¬ ulation (CPR) 31 adds a new section to the regulation to clarify the applicability of a General Overriding Regulation ■' ; - ■. - . .. r, : • • ■ : . * ■ * * ■ FILE following 85 Serv 31:201.3 (11-10-52) 85 Serv 31:201.5 INTERPRETATIONS CPR 31, Sec. 1 COVERAGE Imported soyabean meal included Sales of imported soyabean meal by importers, wholesalers and retailers are covered by CPR 31, not by SR 3 to the GCPR. (9-8-52 No.15) =» * £ k * ' oi bp .‘jo ? b.‘ t l ire : O* >-tUP) * . ■ / FILE following 85 Serv 31:201. 5 (12-12-52) 85 Serv 31:201.7 INTERPRETATIONS CPR 31, Sec. 1 SUSPENSIONS Imported soft surface floor coverings included (see Interps. following GOR 5, Rev. 1, section 105, page 65 Dur 11:2105.1) I # , . ;• * 1 ' - . ... ' ‘ A « • > • . .,.iv . . • .'■ ■' 1 s ■ ' • ?*. • •• ■' • ^ \ U .. V ■ “ - 5' 1 i vou 4 FILE following 85 Serv 31:201. 7 (12-31-52) 85 Serv 31:201.9 INTERPRETATIONS CPR 31, Sec. 1 COVERAGE Imported watches included. (See interps.-following CPR 22, Sec. 1, page 42 Reg 33:201. 7) I ■ - FILE following 85 Serv 31:201.9 (1-22-53) 85 Serv 31:201. 11 INTERPRETATIONS CPR 31, Sec. 1 COVERAGE Sales at cost by wholesaler to affiliated corporation, included (see Interps. following CPR 31, section 6, page 85 Serv 31:206.1) » ■ FILE following 85 Serv 31:201.11 (3-13-53) 85 Serv 31:201.13 INTERPRETATIONS CPR 31, Sec. 1 COVERAGE Importer of sewing machine heads for resale in a package with other parts required for an electric sewing machine, included (see Interps. following CPR 22, Sec. 47, page 42 Reg 33:247.23). . FILE following 85 Serv 31:201.13 (3-23-53) 85 Serv 31:201.15 INTERPRETATIONS CPR31, Sec. 1 COVERAGE Foreign product, manufactured from U. S. parts, included (see Interps. following CPR 22, Sec. 1, page 42 Reg 33:201.23). » ■ (i - • . ■ FILE following 85 Serv 31:201. 11 (1-22-53) INTERPRETATIONS CPR 31, Sec. 4 APPLICABILITY On sales at cost to affiliated corporation (see Interps. following CPR 31, section 6, page 85 Serv 31:206.1) ■ A -f ' FILE following 85 Serv 31:201.1 (8-4-52) 85 Serv 31:205.1 INTERPRETATIONS CPR 31* SEC . 5 IMPORTED COMMODITIES Commodity by commodity basis chosen in absence of refiling CPR 31, Section 5, as amended by Amendment 7, does not require retailers who filed prior to the issuance of such amendment to refile. Within the meaning of Section 5, as amended, retailers who filed prior to the issu¬ ance of such Amendment 7 are considered to have chosen a commodity' by commodity basis for their entire store. (5/7/52 No. 12) 3 031 - 3 v $ r. o3 ■ ' 2 '« . , -J . -i. v- •saitmi. J * ' a ' FILE following 85 Serv 31:205.1 (10-31-52) 85 Serv 31:205.3 INTERPRETATIONS CPR 31, Sec. 5 RETAIL CEILING PRICES FOR IMPORTS May not be determined by foreign manufacturer's suggested price list The question is whether farm equipment dealers in this country who handle products manufactured by a company in Canada and imported in this country may sell at the manufacturer’s suggested factory list prices. The ceiling prices for sales by dealers of imported farm equipment are established by CPR 31, Imports. This regulation does not permit a retailer of imported commodities to establish his ceiling prices by reference to the for¬ eign manufacturer's suggested retail prices. It is not feasible to establish ceiling prices for sellers of imported commodities on this basis, since OPS has no power to control the suggested resale prices of a foreign manufacturer. (8/13/51 No. 20) 1‘~ if FILE following 85 Serv 31:205. 3 (1-22-53) 85 Serv 31:206.1 INTERPRETATIONS CPR 31, Sec. 6 APPLICABILITY Report required on sales at cost to affiliated corporation A corporation, continuing its base period practice, purchases imported shells and resells them at its cost of acquisition to an affiliated corporate manufacturer. The latter converts the shells into buttons and resells them to the corporation. Inquiry is made as to whether the corporation’s sales to its affiliate are subject to CPR 31 and, more particularly, whether the corporation is covered by sections 4 and 6 thereof Under the facts given and in the light of the definition of ’’sell’’ in section 18 (c)(6), the corporation is a seller under the regulation.* Sales of imported shells are subject to CPR 31 providing that such sales are made, by those persons, inter alia, who are wholesalers within the special meaning of CPR 31. The commodity here involved is imported, and under section 18(a)(2) the importer is a wholesaler since it resells to an ’’industrial user", namely, the affiliate, who is a person ut ng an imported commodity in fabrication or manufacture as required under section J .8(a)(5). It follows from the foregoing that the above described sales by the corporation are covered by CPR 31. Since the coloration is a wholesaler with base period experience it prices under the method provided in section 4. In addition, it must comply with the reporting requirements of section 6(b) notwithstanding the fact that the sales to its affiliate are at cost of acquisition and without markup. (12-2-52 No. 12) *The inquirer states that the transfer from the corporation to its affiliate includes the passage of title and it is assumed for the purpose of this interpretation that a sale is involved. Such assumption makes unnecessary a discussion of the questions that would be raised in the event that the affiliate is, in fact, performing in¬ dustrial services for the corporation. (£ PILE following 85 Serv 31:201.1 (7-15-52) 85 Serv 31:207.1 INTERPRETATIONS CPR 31, Sec. 7 COMPARISON COMMODITY Domestic commodity may be used where foreign commodity not available. Under CPR 31, Section 7(a)(2) an importer who is unable to locate a comparison commodity of foreign origin, may use a comparison commodity of domestic origin provided its basic cost and essential characteristics are most nearly the same as the new imported commodity. (5/7/52 No. 10) - ; A ■' ¥ 0 - • , • ' > J ' 0 • ’■ '■ ■■■ . i FILE following 85 Serv 31:207. 1 (12-1-52) 85 Serv 31:218.1 INTERPRETATIONS CPR 31, Sec. 18 WHOLESALER Importers not included (see Interps. following SR 29 (GCPR) see 2, page 42 Reg 11:3152.1) . ® OiTAT3*:>■ ■! ~W \ 1 FILE following 85 Serv 31:218.1 (12-8-52) 85 Serv 31:218c. 1 INTERPRETATIONS CPR 31, Sec. 18(c)(9) PROCESSING Does not include conversion of raw herring to pickled herring A seller who buys herring from Newfoundland, which he cuts into small pieces and which, after adding pickling, spices and brine, he packs in small size containers for sale to wholesaler and retailers is not engaged in processing as that term is used in section 18(c)(9) of Ceiling Price Regulation 31. Under that section "processing," as defined, includes: Sorting, grading, cleaning, repacking, assembling, or otherwise manipulating of a commodity but not to the extent that there results therefrom a new and different article having a distinctive character. The seller in this case is, in effect, converting raw whole or slightly salted herring into pickled herring to be sold in containers and is therefore a manu¬ facturer. However, since paragraph 24 of Appendix A of CPR 22 excludes non-sterile fish products, the sale of such herring is subject to GCPR. (10-23-52, No. 25) * v pa sfcy|| j ; FILE following 85 Serv 31:207.1 (11-20-52) 85 Serv 31:301 Ceiling Prices for Baler and Binder Twines Manufactured in Canada Ceiling Price Regulation 31 Supplementary Regulation 1 NOVEMBER 20. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 31, Supplementary Regulation 1] CPR 31— Imports SR 1—CEILING PRICES FOR BALER AND BINDER TWINES MANUFACTURED IN CANADA Pursuant to the Defense Production Act of 1950 as amended. Executive Order 10161 (15 P. R. 6105), and Economic Sta¬ bilization General Order No. 2 (16 F. R. 738), this Supplementary Regulation 1 to Ceiling Price Regulation 31 is hereby issued. STATEMENT OF CONSIDERATIONS Baler and binder twines manufactured in Canada from sisal and henequen fibres are identical with such twines manufactured in the United States, and to the extent that they are sold in the United States, have always been sold on a directly competitive basis with and at the same prices as domestic twines. Jobbers and wholesalers of baler and binder twines have customarily not dis¬ tinguished between such twines manu¬ factured in Canada and domestic twines, either as to identity for filling orders or as to price, and these twines are nor¬ mally commingled in warehouses. Domestic twines are covered by Sup¬ plementary Regulation 89 to the General Ceiling Price Regulation. Twines man¬ ufactured in Canada are covered by Ceiling Price Regulation 31 with respect to sales by importers and wholesalers. Due to the different techniques of these two regulations, ceiling price differen¬ tials may be created between Canadian and domestic twines due to fluctuations in cost, resulting in differences in mark¬ ups. In an industry where customarily no distinction is made between C anadian and domestic twines, a difference in markup by operation of ceiling price regulation constitutes an inducement to the seller in the United States to tend to favor one source of supply or the other. Where the commodity involved is an important one in our economy, the resulting distortion of normal channels of distribution may tend to aggravate a condition of short supply. It is desirable, therefore, that sellers of Canadian and domestic twines should be able to follow their customary practices of commin¬ gling the twine and selling both twines at the same prices. This will operate to relieve possible inequities and to prevent an unnecessary burden of bookkeeping and warehouse segregation, according to the place of manufacture, of what is essentially the same commodity. This supplementary regulation to CPR 31 establishes the ceiling prices for do¬ mestic twines as the ceiling prices for similar twines manufactured in Canada. (This action does not affect sales of sisal and henequen fibres, which are presently covered by CPR 31.) Due to the nature of this action, for¬ mal consultation with the industry rep¬ resentatives, including representatives of trade associations, has not been prac¬ ticable. However, there have been nu¬ merous consultations with individual members of the industry and considera¬ tion has been given to their recommen¬ dations. In the judgment of the Director of the Office of Price Stabilization, this supple¬ mentary regulation is generally fair and equitable and will effectuate the purpose of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Applicability. 2. Sales by Importers and wholesalers. 3. Definitions. 4. Miscellaneous. Authority : Sections 1 to 4 Issued under sec. 704, 64 Stat. 816, as amended; 60 U. 8. C. App. Sup. 2164. Interpret or apply Title IV. 64 Stat. 803, as amended; 60 U. S. C. App. Sup. 2101-2110. E. O. 10161, Sept. 9. 1960, 16 F. R. 6106. Section 1. Applicability. This supple¬ mentary regulation applies to all sales by importers and wholesalers in the United States of imported baler and binder twines manufactured in Canada from sisal and henequen fibres which are otherwise covered by CPR 31. Sec. 2. Ceiling prices. The ceiling prices of importers and wholesalers for sales covered by this supplementary reg¬ ulation shall be the same as their ceiling prices for sales of similar twines of the same grade which are manufactured in the United States. Sec. 3. Definitions. The term “whole¬ saler” and “wholesale customer” is de¬ fined in section 18 of CPR 31. For the purpose of this supplementary regula¬ tion, a sale by a wholesaler to a farmer is considered to be a sale to a wholesale customer. Sec. 4. Miscellaneous. Except as herein modified, all the provisions of CPR 31 remain in effect with reference to sales made under this supplementary regulation. Effective date. This supplementary regulation to CPR 31 shall become effec¬ tive on November 25, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. November 20, 1952. • H ■ • ' V • • > ' •. i- • 1*. 'c . •'■•••it: . ■ ■ • ■ ■ / •'•■•; I ■ • ■ . ’ . 1 >r • 5- . .• i\ nirt ' '■ . . - - . . » • ■ ...... • • >t ■ • • . " n *■ f. ■ ’v ■. v : \) I* . • u .. .. . -T f, . ? ' A . • . s. • - ' • ‘shi . • i .. k r [U- •• ’ . • •. . • ■ ■ ••'.:! ' ’.il'-". * . . ’ '•• > -■ ■ ■ • ■ ,rr,. ■ • ' '..if. ' .fc *'■ ' / u» }'. ’ .■ •. • • il FILE following 85 Serv 31:301 (1-16-53) 85 Serv 31:401 Imported Steel Ceiling Price Regulation 31 Supplementary Regulation 2 JANUARY 16, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 31, Supplementary Regulation 2) CPR 31, SR 2—Imported Steel Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161, and Economic Stabiliza¬ tion Agency General Order No. 2, this Supplementary Regulation 2 to Ceiling Price Regulation 31 is hereby issued. STATEMENT OF CONSIDERATIONS Normally, prices in the United States for imported steel must be competitive with, and are therefore limited by, prices for steel domestically produced. When the supply of domestic steel is insuffi¬ cient to meet the demand and is subject to allocations or price control sellers of imported steel are able to obtain prices substantially in excess of domestic steel prices. Recently, shortages of domestic sup¬ ply have produced a condition under which imported steel and steel mill products are in relatively high demand. This extraordinary demand may well produce pressures which induce distor¬ tions in the price structure and in the distribution pattern for such steel. Sell¬ ers who had not been in the business of importing steel prior to or during the base period have undertaken the busi¬ ness of importing and selling steel. Other sellers who have been in this busi¬ ness previously have undertaken in some cases to obtain higher prices for the steel by by-passing their usual buy¬ ers. These conditions tend to change the normal pattern of distribution, caus¬ ing inflationary pressures that are a common result of such changes. The importation and distribution of imported steel are presently covered, with respect to the establishment of ceil¬ ing prices, by either Ceiling Price Regu¬ lation 31 or Ceiling Price Regulation 98, depending upon the specific combination of importation and distribution involved. For most sellers, these regulations are sufficient. However, under the situation that presently exists, the specific appli¬ cations of these regulations in the various types of situations presented are insufficient for ‘a number of major rea¬ sons. First, in a quickened market the application of more than one regulation makes enforcement more difficult than would be the case under a single clear regulation. Second, sellers of imported steel may be put to a disadvantage where they are not able to determine quickly just what their permissible ceil¬ ing price is, inasmuch as the risk in¬ volved in dealing in imported steel under the present conditions is increased where delays are encountered in com¬ pleting transactions. Third, new sell¬ ers, or old sellers dealing in new items of imported steel, may encounter un¬ avoidable delays in establishing ceiling prices for their sales. For these reasons, it is necessary to issue this supplementary regulation. The regulation provides specific dollars and cents markups for various categories of imported steel and steel mill products which an importer must use to determine his ceiling price. In addition, when steel or steel mill products are warehoused, the regulation provides for markups for such warehousing which are in line with the markups allowed for domestic steel. Further, limitations are placed upon multiple handling and unreasonable warehousing to prevent a pyramiding of markups by resellers of steel. In the formulation of this supplemen¬ tary regulation, there has been consul¬ tation to the extent practicable with industry representatives, including trade association representatives, and con¬ sideration has been given to their recom¬ mendations. In the judgment of the Director of Price Stabilization, the pro¬ visions of this supplementary regulation are generally fair and equitable, are necessary to effectuate the purpose of Title IV of the Defense Production Act of 1950, as amended, and comply with all of the applicable standards of that Act. Sec. 1. What this supplementary regulation does. 2. Applicability. 3. Ceiling prices for importers; specified markup. 4. Ceiling prices for resellers; specific mark¬ ups. 5. Addition for warehousing. 6. Definitions. 7. Miscellaneous. Authority; Sections 1 to 7 issued under Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Supp. 2101-2110, E. O. 10161, September 9, 1950, 15 F. R. 6105, 3 CFR, 1950 Supp. REGULATORY PROVISIONS Section 1. What this supplementary regulation does. This supplementary regulation establishes specified dollars and cents markups to be used in deter¬ mining ceiling prices for the sale of im¬ ported steel and steel mill products by importers and resellers of such com¬ modities to the extent that their sales are covered by CPR 31. Methods are also provided for computing an addi¬ tional markup by importers and whole¬ salers who warehouse such of these commodities which are covered by CPR 31. Sec. 2. Applicability. This supple¬ mentary regulation applies to sales of imported steel and imported steel mill products by importers and wholesalers thereof to the same extent as CPR 31, that is, in the continental United States to all sales of imported steel and im¬ ported steel mill products by the import¬ er thereof and to all such sales by resellers to the extent that such sales are covered by CPR 31 (and not by CPR 98). Unless otherwise provided by this supplementary regulation, the markups established under this supplementary regulation must be used in place of any other markups otherwise determined under CPR 31. Sec. 3. Ceiling prices for importers; specified markup, (a) The ceiling price per ton, FOB importer’s receiving point, for sales by the importer thereof to any reseller, end user, or the government of the United States or any State, or any Agency or political subdivision thereof, located in the United States of the fol¬ lowing ordinary hot-rolled low-carbon steel mill products, whether coated or uncoated, shall be the landed cost of such commodity plus the applicable markup shown below: 1. A markup of $15.00 per ton for: Angles, tees, beams. Billets. Channels, zees. Sheet bars, ingots. Commercial bars. Wire. Reinforcing bars. Sheet piling. Wire rods. 2. A markup of $20.00 per ton for: Hot and cold rolled sheets. Blades. Strip. Cold finished bars. Quality steels (special analyses). Nails. Galvanized barbed wire. 3. A markup of $25.00 per ton for: Oil country tubular products. Wire rope. Alloyed steels. 4. A markup of $20.00 per ton for all other steel mill products not otherwise specifically listed in this section and cov¬ ered by this supplementary regulation. (b) The importer may add to his ceil¬ ing price the actual transportation charges made by others for delivery to his buyer which are paid by the importer. Sec. 4. Ceiling prices for resellers; specific markups, (a) Except as other¬ wise provided, the ceiling prices for sales at wholesale of the commodities shown in section 3 shall be the cost of acquisi¬ tion to the reseller plus the markups specified for importers in section 3. (b) When a reseller buys a commod¬ ity described in section 3 from another reseller, then the ceiling price for his sale of such commodity shall be the ceil¬ ing price of his supplier. 85 Serv 31:402 (c) A reseller may add to his ceiling price the actual transportation charges made by others for delivery to his buyer which are paid by the reseller. Sec. 5. Addition for warehousing —(a) Ey importers. Any importer covered by this supplementary regulation who warehouses steel or steel products im¬ ported by him may add to his ceiling price for sales as an importer estab¬ lished under section 3 of this supple¬ mentary regulation an additional dollars and cents markup for such warehousing computed as follows: (2) For the commodities not described in Table 1: A markup equal to the mark¬ up provided for sales by importers in section 3 of this supplementary regula¬ tion. (b) By resellers. Any reseller covered by this supplementary regulation who warehouses imported steel or steel mill products not included in Table 1 of para¬ graph (a) of this section may add to his ceiling price established under section 4 of this supplementary regulation a dol¬ lars and cents markup computed in the same manner as provided for importers in section 5 (a) (2) above. (c) By buyers of warehoused com¬ modities. The ceiling price for the sale (1) For the commodities described in Table 1: Multiply the mill base price for domestic steel which is similar to the imported steel you are pricing by the applicable percentage markup shown in Table 1 according to the area in which the warehouse from which you are mak¬ ing the sale is located. The mill base price shall be the price at-the producing mill nearest to the location of your ware¬ house and it shall be that price listed by the mill on the date the imported steel is entered in your warehouse. Extras are allowed only where indicated in Part n of Table 1. by any person of any commodity covered by this supplementary regulation which is purchased from a warehouse shall be the ceiling price of his supplier. (d) No markup shall be permitted un¬ der this section for any direct sale. No markup shall be permitted under this section for any sale made prior to receipt of the steel by the seller when it is not necessary to perform any warehousing operation on the steel such as cutting, coating, or otherwise processing the steel beyond storage, provided that the markup may be taken in such cases where circumstances beyond the control of the seller require that the steel be taken into the warehouse prior to de¬ livery to the purchaser. Sec. 6. Definitions —(a) Warehousing. Warehousing of iron and steel prod¬ ucts consists of performing such opera¬ tions as receiving, storing, sorting, grading and shipping, and other opera¬ tions which are necessary or incidental to the resale and distribution of such commodities after they are brought into premises regularly maintained and equipped with facilities for performing these operations. In no case, however, will such operations be considered as having been performed unless the prem¬ ises referred to are owned, rented, or otherwise regularly maintained by the owner of the material at the time it is put through such operations. The op¬ eration of warehousing of iron or steel products will not be considered as having been performed if the premises referred to are a public warehouse, except if you regularly maintain space in a public warehouse equipped with facilities for performing warehousing operations and in which you perform the operations of warehousing for your own account for which your records indicate that you charged a warehouse markup over your invoice costs. No commodity being sold under this supplementary regulation shall be deemed to have been the subject of a warehousing operation for the pur¬ pose of determining a markup unless the specific commodity being sold has been subject to the warehousing operation as defined herein. (b) Direct sale. This term means the sale of an imported iron or steel product which is transported from an importer’s receiving point to a buyer without being put through a warehousing operation. (c) Importer’s receiving point. This term means the point at which the steel is received from abroad by the importer which he uses for computation of his landed cost. (d) Reseller. This term means a per¬ son who performs a recognized distrib¬ utive function, buys an imported com¬ modity of which he is not the importer, and resells it in essentially the same form to a retailer, industrial, commer¬ cial or institutional buyer, another re¬ seller, or to the Federal or any State Government or any Agency or political subdivision thereof in accordance with accepted trade practice. Sec. 7. Miscellaneous. Except as here¬ in modified, all the provisions of CPR 31, including applicable record-keeping and reporting requirements, remain in effect with reference to sales made under this supplementary regulation. Effective date. This supplementary regulation 2 to CPR 31 shall become effective on January 21, 1953. Joseph H. Freehill, Director of Price Stabilization. January 16, 1953. Table 1—Part I Product Metro¬ politan area, New York State of Cali¬ fornia State of Texas States of Oregon and Wash¬ ington AH others Standard structural shapes---- - Percent 56 Percent 47 Percent 56 Percent 51 Percent 52 55 60 56 51 52 55 60 56 51 52 Wide flange beams_ 57 47 65 51 52 Hot rolled carbon bars and bar shapes -. -... . -.. 52 41 56 50 45 Hot rolled carbon plates. ___ _ 55 46 53 52 50 Floor plates___-__ 47 56 44 50 43 Abrasion resisting—All products- - - 54 60 60 64 60 Hot rolled carbon sheets__ 56 46 57 52 51 59 50 63 56 54 Cold rolled sheets_ 46 47 43 46 43 Cold rolled and hot rolled electrical (silicon) sheets, all grades. 56 56 56 56 56 52 52 52 52 52 Cold rolled strip-low carbon_ 48 48 48 48 48 High tensile low alloy—All products--- Cold finished carbon bars_ _ _ 48 50 48 50 48 36 31 59 46 33 Reinforcing bars unlabricated-- ... - Tin plate, black plate and short temes--- 52 41 56 50 45 45 45 45 45 45 Table 1—Past II Product Percentage markup Permitted extras Galvanized sheets—hot dipped ...-... - 50 Mill extras for gage (24- to 30-inch width) and coating. Do. Do. Galvannealed, electric coated sheets and other related zinc coated sheets. Terne coated long sheets____ .. . . . 50 50 Alloy bars: 50 Mill extras for grade (chemistry). Do. Cold finished..-.- 50 50 Do. TonffttApl shpptA fannrnTimatplv 1 npreent carbon erade) _ _ 45 None. 54 Do. California All other “4130” aircraft sheets: 0.1875 and heavier... 40 40 None. 0.160 and lighter_*.. 50 40 Do. “1020 grade” aircraft sheets__ 50 40 Do. FILE following 85 Serv 31:402 Correction (2-4-53) 85 Serv 31:403 Ceiling Price Regulation 31 Supplementary Regulation 2 Correction FEBRUARY 4, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 31, Supplementary Regulation 2, Correction! CPR 31—Imports SR 2-IMPORTED STEEL Due to clerical error a misprint has occurred in section 3 (a) (2) of Supple¬ mentary Regulation 2 to Ceiling Price Regulation 31. The word “Plates” should have been printed in place of the word “Blades”. Accordingly, section 3 (a) (2) of SR 2 to CPR 31 is corrected to read as follows: 2. A markup of $20.00 per ton for: Hot and Cold rolled sheets. Plates. Strip. Cold finished bars. Quality steels (special analyses). Nails. Galvanized barbed wire. (Sec. 704, 64 Stat. 816, as amended: 50 U. S. C. App. Sup. 2154) Joseph H. Freehill, Director of Price Stabilization. February 4, 1953. . . > FILE following 85 Serv 31:21 (9-24-51) 85 Serv 31:9991 OPS PUBLIC FORM NO. PUB88 UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25, D. C. FORM APPROVED BUDGET BUREAU NO. ? 1-^355 RETAILER’S PRICE REPORT FOR IMPORTED COMMODITIES PURSUANT TO CPR 31, SEC. 5 AS AMENDED The individual company information reported on this form is for use in connection with the De¬ fense Mobilization Program. Persons who have access to individual company information are subjectto penalties for unauthorized disclosure. This form may be reproduced without change This form is to be used by retailers only of imported commodities who have a base period markup on sales of the commodity or commodities described in Item 1. Mail the original of this application by registered letter to the Office of Price Stabilization Regional Office in your region. NAME OF FIRM ADDRESS ( Street and No) (City, Zone, State) 1 - DESCRIBE THE COMMODITY OR COMMODITIES COVERED BY THIS REPORT \ 2 ■ YOUR ROLE IN PROPOSED TRANSACTION _ _ ] IMPORTER [_] PROCESSOR [_J RETAILER 3 . IF YOU ARE A PROCESSOR, what do you do to the commodity ? 4 A . BASIS ELECTED BY YOU FOR COMPUT I NG M ARKU P REPORTED (Name of country) J | CONWOD 1 TY BY COMMODI lY BASIS □ COUNTRY OF ORIGIN BASIS □ | CATEGORY BY CATEGORY BASIS □ STORE WIDE. DEPARTMENTAL OR OTHER SELLING UNIT 4B . DE SCR I BE DEPARTMENT OR OTHER SELL ING UNI T WH ICH SELLS THE COMMODI TY OR 00M40DIT1 ES COVERED BY TH I S REPORT. AND WH I CH USES THE BASIS CHOSEN IN ( 4 A) ABOVE 4 C - CALENDAR QUARTER USED IN COMPUTING MARKUP J 3RD QUARTER 1949 | | 4TH QUARTER 1949 j | 1ST QUARTER 1950 ^ 2ND QUARTER 19 50 4 D - YOUR PERCENTAGE MARKUP I certify that the information given in this report and any attachments is true and correct to the best NOTICE - A willfully false statement is a criminal offense. of my knowledge and belief. SIGNATURE OF OWNER OR AUTHORIZED AGENT TITLE DATE Serv 31:9902 ■4 • INSTRUCTIONS Item l.You need not file a separate report for each commodity. You may list and describe all commodities for which you employ the same basis in computing their markup and which you sell through the same selling unit. You may list and de¬ scribe these commodities below or on a separate sheet to be attached hereto. Should these commodities have the same markup, indicate this markup in your answer to item 4. Should these commodities have different markups, indicate the markup for each commodity opposite its description. Item 4B- Describe the department or other selling unit so that the commodities sold by that unit may be easily identified DEFINITIONS Category. This term means a group of commodities which are normally classed together in your industry for purposes of accounting or sales, e.g., toys, men’s shoes, women’s shoes. Importer. This term refers to the importer of record, that is, to the individual in whose name customs clearance is made. COMMODITIES DESCRIPTION MARK UP OPS PUBLIC FORM NO. PUBS8 (PAGE 2) (9-24-51) 85 Serv 31:9903 V FILE following 85 Serv 31:9902 OPS PUBLIC FORM NO. PUB87 (8-1/2 x 14) UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25, D.C. FORM APPROVED BUDGET BUREAU NO. 94-R354 APPLICATION FOR A MARKUP BY SELLERS OF IMPORTED COMMODITIES PURSUANT TO CPR 31, SEC. 7 AS AMENDED Th« individual company information reported on this form is for use in connection with the De¬ fense Mobilization Program. Persons who have acc ® ss individual company information are subjectto penalties for unauthorized di sclosure. 7 his form may be reproduced without change This application form is to be used by those sellers only of imported commodities who have no base period markup for these commodities and who are seeking a markup and ceiling price under Section 7 of CPR 31. Mail the original of this application by registered letter to the Office of Price Stabilization, Export-Import Branch Washington 25, D. C. ‘ NAME OF FIRM ADDRESS (Street and No.) (City, Zone, State) 1 - DESCRIBE THE COMMODITY OR COMMODITIES COVERED BY THIS APPLICATION 2 • YOUR ROLE IN PROPOSED TRANSACTION □ IMPORTER □ WHOLESALER □ PROCESSOR CLASS OF BUYER □ RETAILER e 4 • CHECK THE FIRST ONE OF THE FOLLOWING TYPES OF SALES ON WHICH YOU ARE ABLE TO COMPUTE A BASE PERIOD MARKUP □ BASE PERIOD SALES OF THE COMMODITY YOU ARE PRICING TO BUYERS OF THE CLASS MOST CLOSELY RELATED TO THE CLASS FOR WHICH YOU ARE PRICING DE SCR I BE THIS "MOST CLOSELY RELATED CLASS” OF BUYER. BASE PERIOD SALES OF A COMPARISON COMMODITY TO BUYERS OF THE CLASS FOR WHICH YOU ARE PRICING. DESCR I BE THE "COMPARISON COMMODITY" . □ BASE PERIOD SALES OF A COMPARI SON COMMODITY TO BUYERS OF THE CLASS MOST CLOSELY RELATED TO THE CLASS FOR WHICH YOU ARE PRICING. DESCRIBE THE "COMPARISON COMMODITY" AND THE "MOST CLOSELY RELATED CLASS" OF BUYER. 5A - IF YOU ARE A RETAILER, STATE BASIS ELECTED BY YOU FOR COMPUTI NG M ARK UP REPORTED (Name of country) □ □ COMMODITY BY COMMODITY BAS I S CATEGORY BY CATEGORY BASIS □ □ COUNTRY OF ORIGIN BAS IS. STOREWIDE. DEPARTMENTAL OR OTHER SELLING UNIT 5B - CALENDAR QUARTER USED IN COMPUTI NG M ARKUP [H 3RD QUARTER 1 949 Q 4TH QUARTER 1 949 □ 1 ST QUARTER 1 9 50 □ 2ND QUARTER I 950 5c • DESCRI BE DEPARTMENT OR OTHER SELLING UNIT WHICH SELLS THE COMMODITY OR CONWODITIES COVERED BY THIS APPLICATION. AND WHICH USES THE BASIS CHOSEN IN ITEM 5A ABOVE. 6 - If you are unable to check any of the types of sales in item 4 above, then fill in this section. 6A . STATE REASONS WHY YOU ARE UNABLE TO COMPUTE A MARKUP UNDER CPR 31 . 6 B - GIVE A REASONABLE MARKUP AND CEILING PR ICE. IF ANY ARE CURRENTLY PREVAILING IN THE TRADE. STATE HOW YOU DETERMINED THIS MARKUP AND CEILING PRICE TO BE THE ONES CURRENTLY PREVAILING. 85 Serv 31:9904 7 • STATE YOUR LANDED COSTS BROKEN DOWN INTO THE ELEMENTS THEREOF OR YOUR’ COST OF ACQUISITION * • IF YOU ARE A PROCESSOR, what do you do to the COMMODITY? YOUR ACTUAL COST OF PROCESSING 9 YOUR PROPOSED MARKUP JUSTIFY THIS MARKUP 10 - YOUR PROPOSED CEILING PRICE I certify that the information shown on this form is true and correct to the best of my knowledge and belief. NOTICE - A willfully false statement is a criminal offense. SIGNATURE OF OWNER OR AUTHORIZED AGENT DATE INSTRUCTIONS Item 1. You need not file a separate application for each commodity if it is possible to use one application for several commodities. You may list and describe these commodities on a separate sheet to be attached hereto. Item 5c. Describe the department or other selling unit so that the commodities sold by that unit may be easily identified. Item 9. If you are a retailer, your proposed markup will be a percentage markup. All other sellers will have a dollars and cents markup. DEFINITIONS Category. This item means a group of commodities which are normally classed together in your industry for purposes of ac¬ counting or sales, e.g., toys, men’s shoes, women’s shoes. Class of Buyer. This term refers to industrial users, proces¬ sors, wholesalers, retailers, and individual consumers. Comparison Commodity. This term means a commodity having general characteristics and uses similar to the commodity or commodities covered by this application. Of the commodities having these characteristics and uses, choose as the compar¬ ison commodity the commodity having a current unit direct cost closest to that of the commodity or commodities covered by this application. Cost of Acquisition. This term means the actual cost ofthe commodity to a buyer, as reduced by all discounts, allowances and “commissions" received. Importer. This term refers to the importer of record,that is, to the individual in whose name customs clearance is made. Landed cost. This term means the foreign invoice cost plus the cost of importation as reduced by all discounts, allow¬ ances, and “commissions" received. Most closely related class of buyer. This term means the class of buyer to which you sold, during the base period, the commodity you are pricing, or a comparison commodity, and which in terms of quantity and conditions of sale is most similar to the class of buyer for which you are pricing. OPS PUBLIC FORM NO. PUB87 (PAGE 2) (5-11-51) 85 Serv 32:1 i FILE following 85 Serv 31:7 Services Ceiling Price Regulation 34 MAY 11, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34] CPR 34— Services Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738) this Ceiling Price Regulation is hereby issued. STATEMENT OF CONSIDERATIONS The inflationary pressures incident to the Korean situation and the stepped up rearmament program brought on price increases throughout the economy during the latter part of 1950, which necessitated prompt action in direct price controls. Accordingly, on January 26, 1951, the Office of Price Stabilization issued the General Ceiling Price Regula¬ tion. This regulation, with certain ex¬ ceptions, fixed the ceiling prices of all commodities and all services at the highest price charged by the seller during the base period, December 19, 1950, to January 25, 1951, inclusive. At the time of the issuance of the General Ceiling Price Regulation, it was under¬ stood that it did not adequately meet the specific needs of numerous suppliers of services and that it was to be replaced with respect to that field as soon as practicable. A new regulation, Ceiling Price Regulation No. 34 Services is issued separately covering the field of services, and, to the extent of its applicability, supersedes the General Ceiling Price Regulation in the services field. In the main, the fundamental provisions of the General Ceiling Price Regulation, in¬ cluding the base period of December 19, 1950, to January 25, 1951, for the de¬ termination of ceiling prices, have been retained in this new regulation. The considerations which support the Gen¬ eral Ceiling Price Regulation are equally applicable to this Ceiling Price Regula¬ tion No. 34. Services rendered in trade, commerce and industry, services integrated with such services as well as personal services, all vitally affect the national economy. The administrative problems involved in regulating the ceiling prices to be charged for such services are so much different from those involved in regulat¬ ing the ceiling prices for commodities, that it has been determined to issue a separate ceiling price regulation for such services. The new regulation removes from the coverage of the General Ceiling Price Regulation all services (except transportation services of contract car¬ riers and certain industrial services in connection with the jobbing shop oper¬ ations in metals and metal products and the plating of plastics or other non- metallic materials, except the repair and maintenance of automotive and farm equipment) and brings under the single Services Regulation all such services subject to price control with the excep¬ tion of defense services exempted by Supplementary Regulation 1 to the Gen¬ eral Ceiling Price Regulation, services exempted by Supplementary Regulation 15 to the General Ceiling Price Regula¬ tion, and those services which now or hereafter may be covered in other spe¬ cific price regulations. Many service functions rendered for the same general use and purpose vary with the specific task. This is particu¬ larly true in the repair trades. While certain of these trades permit a stand¬ ardization of price because of the normal pattern of the requirements of the pur¬ chaser, other types of repair trades, be¬ cause of the varying nature of the repair demands of the purchaser, do not permit a pre-determined price. The new regu¬ lation provides a method for determina¬ tion of prices based upon the highest price charged in the base period for the same service. This provision permits the supplier of a service to determine his price in accordance with his own pricing method, but limits the elements which enter into the determination of the prices to their highest base period level. Under the regulation the highest price charged by the seller during the base period for any service customarily rendered but not in fact supplied during the base period is deemed to be that price which would have been charged upon a rate or pric¬ ing method regularly used for determin¬ ing the price for such service during the base period, December 19, 1950, to Janu¬ ary 25, 1951, inclusive. Many, services are seasonal in nature or subject to seasonal variation in price. In some cases the services are not per¬ formed during the base period. In other cases a seasonal variation in price occurs and it would be manifestly unfair to restrict the supplier of the service to his base period price. A provision has been added to the new regulation which pro¬ vides for the determination of ceiling prices for seasonal services or services subject to seasonal variation in price. The provision limits the seller to the highest price charged in the last cor¬ responding season, but permits an in¬ crease based upon the rise in the cost of living from that season. The adjustment provisions of this reg¬ ulation, with limitations, permit the filing of an application for adjustment by a seller of a service or services where substantial financial hardship exists. Service establishments are in the main small business establishments without substantial reserves of capital. Labor is the most important factor of cost and either direct labor wage increases or deterioration of labor supply can create financial hardship threatening the con¬ tinuance of the establishment’s exist¬ ence. In like fashion, the regulation is tail¬ ored to meet the various problems of pricing which arise in the services field that are foreign to the commodities field. The regulation is further designed by introduction of filing provisions to per¬ mit more effective enforcement in the services field and to provide a source for price data for the development of indi¬ vidual supplementary service regulations in particular service trades. The foregoing modifications do not change in any way the fundamental economic policy which is effectuated by the General Ceiling Price Regulation. The base period of December 19, 1950, to January 25,1951, as the appropriate date for the determination of ceiling prices, is maintained throughout this regula¬ tion. Within the general framework of the General Ceiling Price Regulation, however, flexibility is achieved which adapts that framework to the individual characteristics of the services field. While the innumerable and diverse services cutting across a complex of dif¬ ferent industries and trades has ren¬ dered impracticable the establishing of, and consultation with, formal service committees during the preparation of this regulation, nevertheless, the Direc¬ tor of Price Stabilization, wherever feasible, has consulted with numerous representatives from various services fields and given consideration to their recommendations. In the judgment of the Director of Price Stabilization, the provisions of this regulation are gener¬ ally fair and equitable and are necessary to effectuate the purpose of Title IV of the Defense Production Act of 1950. So far as practicable, the Director of Price Stabilization has given considera¬ tion to the National effort to achieve maximum production in furtherance of the objectives of the Defense Production Act of 1950, including prices prevailing during the period from May 24, 1950, to June 24, 1930, and to relevant factors of general applicability. 946635 0 - 51 - 10 85 Serv 32:2 REGULATORY PROVISIONS Sec. 1. What this regulation does. 2. Services covered. 3. Prohibitions. 4. Prices previously established. 5. General pricing provisions. 6. Pricing for new services and sellers. 7. Services which cannot be priced under section 5 or 6 of this regulation. 8. Pricing of seasonal services. 9. Pricing changes. 10. Central pricing. 11. Commodities included in services. 12. Special pricing provisions. 13. Transfer of business; moving of business; chains. 14. Taxes. 15. Additional charges. 16. Customary price differentials. 17. Gales slips; receipts. 18. Records; filings of statements; posting. 19. Violation. 20. Adjustments. 21. Adjustable pricing. 22. Petitions for amendment. 23. Procedures. 24. Amendments; rupplementary regulations; orders. 25. Evasion. 23. Applicability. 27. Definitions and explanations. Authority: Sections 1 to 27 issued under Sec. 704, Pub. L. 774, 81st Cong. Interpret or apply Title IV, Pub. L. 774, 81st Cong., E. O. 10161, Sept. 9, 1950, 15 F. R. 6105, 3 C. F. R. 1950 Supp. Section 1. What this regulation does. This regulation removes most services from the coverage of the General Ceiling Price Regulation (GCPR) and brings them under this regulation. This regu¬ lation in general establishes the ceiling price of most services at the levels pre¬ vailing in the period December 19, 1950, to January 25, 1951, inclusive. Sec. 2. Services covered. This regu¬ lation covers all services except: (a) Services exempted in the GCPR, as amended; (b) Defense services exempted by Supplementary Regulation 1 to the GCPR, as amended; (c) Services exempted by Supple¬ mentary Regulation 15 to the GCPR, as amended; (d) Services covered by any specific price regulation now or hereafter issued by the OPS; (e) The following services, which re¬ main under the GCPR: (1) Transportation services of con¬ tract carriers; (2) The following industrial services (except services rendered in connection with the repair or maintenance of auto¬ motive or farm equipment) when per¬ formed on material or products owned by another: (i) All jobbing shop operations cus¬ tomarily performed in the fabrication, conversion, repair or maintenance of metals or metal products. These opera¬ tions include abrading, adjusting, assem¬ bling, cutting, forming, grinding, ma¬ chining, shaping and welding or other¬ wise joining. (ii) All jobbing shop operations cus¬ tomarily performed in the treatment, coating, or finishing of metals or metal products. These operations include an¬ nealing, anodizing, bonderizing, blasting, carbonizing, carburizing, case-harden¬ ing, cleaning, coronizing, deoxidizing, enameling, galvanizing, heat treating, heresiting, japannizing, laquering, lead coating, metallizing, nitriding, normaliz¬ ing, painting, pickling, phosphate coat¬ ing, plating, polishing, sheradizing, shot peening, tempering and tinning. (iii) Plating on plastics and other non- metallic materials. Sec. 3. Prohibitions, (a) On and after May 16, 1951, regardless of any contract or other obligation: (1) You may not sell any service cov¬ ered by this regulation at a price higher than your ceiling price. (2) No person in the course of trade or business may buy any service covered by this regulation at a price higher than the ceiling price. Of course, you may charge lower prices than your ceiling prices at any time. (b) Once you have reported your ceil¬ ing price or a proposed ceiling price for a service as required by this regulation, you may not thereafter redetermine it. A purely arithmetical error may, how¬ ever, be corrected, but the correction must be reported to the Director of Price Stabilization, Washington 25, D. C. Sec. 4. Prices previously established. fa) This regulation supersedes the GCPR insofar as the GCPR dealt with services now covered by this regulation. (b) Since this regulation keeps cer¬ tain of the basic pricing provisions of the GCPR, many of your ceiling prices under this regulation will be the same as those you properly established under the GCPR. (c) In addition all prices established under section 6 or section 7 of the GCPR remain in effect under this regulation. Sec. 5. General pricing provisions. (a) In determining your ceiling price (which you must report in the manner provided by section 18 of this regulation), use the first of the following provisions which applies to you. Your ceiling price shall be: (1) The highest price at which you supplied the same service during the “base period” (December 19, 1950, to January 25, 1951, inclusive) to a pur¬ chaser of the same class. (Be sure to read the definition of “purchaser of the same class” in section 27 (a) (11) of this regulation.) If, however, in the base period you did not have a flat price for the service but did have a rate or a pric¬ ing method to determine your price, you may continue to use your highest base period rate or pricing method to deter¬ mine your ceiling price for the same service, to a purchaser of the same class. (2) If you did not actually deliver the service in the base period, then the high¬ est price at which you offered in writ¬ ing to supply the same service for delivery in the base period to a pur¬ chaser of the same class. If, however, in the base period you did not offer in writing to supply that service to that class of purchaser upon the basis of a flat price but did have a rate or pricing method upon the basis of which you could have supplied that service to that class of purchaser, then the price result¬ ing from the application of your highest base period rate or pricing method which would, by your usual trade prac¬ tice, have been used by you had you sup¬ plied the service in the base period. (3) The ceiling price of your closest competitor for the same service to a purchaser of the same class, if you did not actually supply it or offer it for supply in the base period to any pur¬ chaser. However, you may not take your closest competitor’s ceiling price if such price is based on his offering price. The term “ceiling price” as used in this paragraph and in sections 6 and 7 of this regulation also includes a ceiling rate or pricing method. If you are a new seller first making sales after the effective date of this regulation, or a seller of a new service first sold by you after the effective date of this regulation, you will comply with section 6 of this regulation. (b) In the use of a rate or a pricing method you may not charge more for each factor of the rate or pricing method than the highest price you charged for such factor in the base period. For ex¬ ample, you operate an automobile repair shop and you do not have a fixed flat price for body repair work but make a labor charge of $3 per hour plus the price of any parts supplied. You may not now charge more than $3 per hour for your labor charge even though you are paying your mechanics more than you paid them in the base period. Furthermore, you may not now charge more than the high¬ est price you charged for the parts in the base period unless a commodity regu¬ lation establishes a new ceiling price for such parts in which case you may charge for such parts the ceiling price so es¬ tablished. Sec. 6. Pricing for new services and sellers, (a) If you are a new seller or are selling a new service which cannot be priced under section 5 of this regula¬ tion, your selling price is the same as the ceiling price of your closest compet¬ itor for the same service to a purchaser of the same class. (b) Within 10 days after determining the ceiling pric under this section you must report the price in writing to the appropriate OPS district office explain¬ ing how the price was computed. You must also comply with the applicable provisions of section 1C of this regulation. Sec. 7. Services which cannot be priced under section 5 or 6 of this regulation. (a) If you cannot determine a ceiling price under section 5 or section 6 of this regulation, you must file an application with the Director of Price Stabilization, Washington 25, D. C., for approval of a ceiling price in line with the level of ceiling prices otherwise established by this regulation, and in the case of a com¬ modity rental or a manufacturing or processing service, a ceiling price con¬ sistent with the level of ceiling prices established for the sale of the commodity by the applicable ceiling price regulation. The application shall contain a descrip¬ tion of the service, anticipated direct labor and materal costs, and the pro¬ posed ceiling price. It shall also con¬ tain a full explanation of the reasons why you cannot price this service under section 5 or 6 of this regulation. If you supplied any other service in the base period, submit, in addition, a descrip¬ tion of the most comparable service showing your present direct labor and material costs for it and your present ceiling price. (b) You may not sell the service for which a ceiling price is requested under this section until that price has been approved by OPS, but the proposed price shall be considered approved 20 days after mailing the application (or all ad- 85 Serv 32:3 ditional information which may have been requested), unless, within that time, CPS notifies you that your pro¬ posed price has been disapproved. You must also furnish any additional infor¬ mation which OPS may require and comply with the provisions of section 18 of this regulation. Sec. 8. Pricing of seasonal services — (a) Services supplied in the base period but subject to seasonal variations in price. If you have had a regularly estab¬ lished seasonal variation in price and delivered the service in the base period, your ceiling price for your other seasonal periods shall reflect your customary dol¬ lar differential between that season and the base period. (b) Seasonal services not supplied in the base period. If the service was not supplied in the base period either by you, or by a competitor in the same general trading area serving the same kind of purchaser, and if you supplied the service regularly during one or more seasons of the period January 26, 1950, to December 18,1950, inclusive, your ceiling price shall be the price you charged in the last season prior to the base period: Provided, nevertheless, That if you are one of the sellers referred to in paragraph (c) of this section you may add to that price the increase permitted in such para¬ graph (c). If you customarily maintain other seasonal variations in price you shall reflect your customary dollar dif¬ ferential in price between those seasons and the last season in which the service was supplied. (c) You may under paragraph (b) of this section use the following table to compute your percentage increase if you are a seller who on each day of the last season prior to the base period employed not more than seven individuals. If, however, during the last season prior to the base period, you employed eight or more individuals in any one day and you can show in your report to the Di¬ rector of Price Stabilization that your direct costs have now increased above your costs in the last season prior to the base period, you may under paragraph (b) of this section add no more than these direct costs to that price which you charged in the last season prior to the base period unless these direct costs exceed the table percentage applicable to you, in which case you will then use that table percentage. (1) The table percentage applicable to you under this paragraph and paragraph (b) of this section shall be as follows for the applicable season: 8 percent Jan. 26, 1950, through April 30, 1950. 7 percent May 1, 1950, through June 30, 1950. 6 percent July 1, 1950, through July 31, 1950. 5 percent Aug. 1, 1950, through Aug. 31, 1950. 4 percent Sept. 1, 1950, through Sept. 30, 1950. 3 percent Oct. 1, 1950, through Nov. 30, 1950. 2 percent Dec. 1, 1950, through Dec. 18, 1950. In selecting the appropriate percentage increase apply the percentage for the date in which the highest price for the season was first announced by you in writing or, if there was no such an¬ nouncement, the first date on which the service was sold by you at the highest price in the season. (d) This section applies only if the season during which the variation in price was in effect regularly consisted of at least 14 consecutive days. (e) Reports. Within 10 days after establishing or determining your ceiling price, or any change therein, under this section, you must report the price in writing to the Director of Price Stabili¬ zation, Washington 25, D. C., explain¬ ing how the price was computed. You must also comply with the applicable provisions of section 18 of this regula¬ tion. Sec. 9. Pricing changes. OPS may at any time disapprove or revise ceiling prices proposed or established under this regulation or under section 7 of GCPR so as to bring them into line with the level of ceiling prices otherwise estab¬ lished by this regulation. You may not redetermine your ceiling price after it has been determined under this regu¬ lation unless it is changed by OPS, in which case the changed price shall be your ceiling price. Sec. 10. Central pricing. OPS may when it deems it consistent with the pur¬ poses of this regulation establish uni¬ form prices for sellers owning or operat¬ ing more than one service establishment and may for this purpose require sellers to furnish necessary information. Sec. 11. Commodities included in serv¬ ices. Your ceiling price for a service under this regulation includes any com¬ modity furnished with the service. If your ceiling price includes a separately stated charge for the commodity, your ceiling price for the service shall be in¬ creased or decreased, as the case may be, by the difference between your sepa¬ rately stated charge for the commodity under this regulation and the ceiling price fixed by the applicable commodity regulation. Sec. 12. Special pricing provisions — (a) Application of general pricing in¬ crease to long-term contracts, etc. If in the base period you had in effect an increase in your prices for a service to your classes of purchasers generally, and you actually charged the increased price to the classes of purchasers whom you supplied in the base period, but you did not supply the service at the increased price in the base period to a particular class of purchaser because either: (1) You did not supply the service to that class of purchaser in the base period after the price increase, or (2) You supplied the service to that class of purchaser in the base period after the price increase at a lower price because you were bound to do so under a contract made before the price in¬ crease, then your ceiling price to that particular class of purchaser shall be: (i) Your increased offering price to that class of purchaser for supply during the base period, or (ii) If you had no such increased of¬ fering price, then the highest price at which you supplied the service to a pur¬ chaser of a different class during the base period adjusted to reflect the cus¬ tomary differential in price between the two classes of purchasers. If, however, in the base period you announced in writing an increase in your prices for a service to your classes of purchasers generally, but you did not deliver the service at the increased price to any of the purchasers whom you sup¬ plied in the base period because you were bound under contracts made before the announcement in writing of that price increase, and you did enter into new con¬ tracts for future delivery of the service at the increased price prior to December 19, 1950, then at the expiration of each old contract you may institute the an¬ nounced price increase, adjusted to re¬ flect the customary differential in prices among your classes of purchasers. (b) Percentage commissions on com¬ modity sales or purchases. If you are a commission seller, buyer, broker, or auctioneer, and in the base period you used a percentage rate to determine your commission in connection with the sale or purchase of a commodity, you may now apply your highest base period per¬ centage rate to the current authorized price of a commodity under the appli¬ cable commodity ceiling price regulation, or to your sale or purchase price of the commodity if it is lower, to determine your commission for the purchase or sale of the same commodity to a purchaser of the same class. (c) Individual negotiated prices. If you customarily made a practice of charging different purchasers different prices without regard to standards, such as quantity purchased and nature of business (wholesaler, retailer, etc.) each such customer is a separate class of pur¬ chaser. (d) New purchasers. Your price to a new purchaser is your established ceiling price to the class in which the new pur¬ chaser falls. However, if you followed the practice of maintaining individually negotiated prices, the ceiling price to a new purchaser is the arithmetic average of your base period ceiling prices to pur¬ chasers of the same class for the same service. But if within one month prior or one month subsequent to the accept¬ ance of a new purchaser you discontinue supplying an old purchaser to whom you sold during the base period at a price below your average price to purchasers of the same class, your ceiling price to the new purchaser shall be the same as the ceiling price you charged the pur¬ chaser you discontinued. (e) Refusing to supply lower priced services. (1) A seller may discontinue selling his services. If, however, he dis¬ continues a service that he offered in the base period or since, and sells or offers to sell in its place a higher priced service which will achieve the same general pur¬ poses as the service he discontinues, he is evading the Defense Production Act of 1950, and is violating this regulation, un¬ less it appears that one or more of the following conditions exists: (i) That specialized equipment or supplies requisite to a continuance of the particular service are not available; or (ii) That the continuance of the par¬ ticular service would be in violation of or would be rendered impracticable by a governmental order or regulation, or that it would be contrary to govern- mentally established standards or poli¬ cies; or (iii) That discontinuance of the par¬ ticular service will enable the seller to maintain other services more neces- 85 Serv 32:4 sary to the community directly con¬ cerned; or (iv) That other suppliers in the com¬ munity are able and willing to supply the requested service or a similar service in requisite amount and at prices not ex¬ ceeding the ceiling price of the particu- lsii* seller (2) A seller refusing to supply a serv¬ ice must, unless otherwise permitted to do so by a general permissive order, cer¬ tify by registered mail, for which a re¬ turn receipt has been requested, to the Director of Price Stabilization, Wash¬ ington 25, D. C., the existence of one or more of the conditions stated in this paragraph. Unless sufficient facts are given to support the certification, the re¬ quest will be denied, without prejudice to an opportunity to the seller to furnish additional evidence. (3) Effective date on which a service may be discontinued under this para¬ graph : Unless the Director of Price Sta¬ bilization or his authorized representa¬ tive shall, by notice mailed to the seller within thirty days from the date of the receipt of the certified statement, disap¬ prove the request, the seller may dis¬ continue the service. (4) Definition: As used in this para¬ graph, the term “service” means one of the types, forms, grades, or quantities offered for sale in the base period, or since, the description of which is re¬ quired in your statement under section 18 of this regulation. (f) Cost plus contracts. (1) If you customarily supplied service to a class of purchaser by the use of a cost plus con¬ tract, you may continue to use such a contract, limited to your highest base period fee or percentage, but in figuring your costs you must limit each element of cost to the highest rate or charge you made to the same class of purchaser in the base period. (2) Within 10 days after determining the ceiling price under this section you must report the price in writing to the Director of Price Stabilization, Washing¬ ton 25, D. C., explaining how the price was computed and stating your base pe¬ riod charges and method of computation for the supplying of the same service to a purchaser of the same class. (g) Flat rate manuals or catalogues. If during the base period you used a flat rate manual to determine your price, you must use the same manual now, and you may not increase the hourly rate you charged in the base period. If you used a catalogue to determine your prices for parts in the base period you may continue to do so now. However, if a specific ceiling price is set by OPS for any item in the catalogue, you may not charge more than such specific ceil¬ ing price. You may not use a new edi¬ tion of such flat rate manual or cat¬ alogue unless its use has been approved by the Director of Price Stabilization, Washington 25, D. C. Sec. 13. Transfer of business; moving of business; chains —(a) Transfer. If you acquire a previously established business after May 16, 1951, and you carry on such business in an establish¬ ment separate from an establishment previously owned or operated by you, your ceiling prices shall be the same as those to which your transferor would have been subject if no such transfer had taken place, and your obligation to keep records sufficient to verify such prices shall be the same. You must further prepare and preserve (if your transferor has not already done so) and keep up to date the statement required under section 18 of this regulation. Your transferor shall preserve and turn over to you all records of transactions prior to the transfer which are necessary to enable you to comply with the records provisions of this regulation. (b) Moving. If you sell services at retail and move the business out of your trading area after May 16, 1951, you must apply to OPS for establishment of your ceiling prices for that unit under section 7 of this regulation except that if you close a selling unit and open an¬ other one in the same trading area, your ceiling prices for the new unit shall be the same as those of the unit you closed. Sec. 14. Taxes. If a tax is imposed on a service covered by this regulation and the tax law does not forbid you to pass the tax on to your customers, you may add the tax to your ceiling price in ac¬ cordance with the following provisions: If the tax becomes effective after Jan¬ uary 25, 1951, you may add the tax to your ceiling price if you separately state it. If the tax was in effect in the base period and you were not then supplying the service, you may add the tax to your ceiling price as established under this regulation if such price does not already reflect the tax, if you separately state it. If the tax was in effect in the base period and you were then supplying the service and passing on the tax, you may con¬ tinue to do so; if you separately stated the tax then, you must do so now. If in the base period you did not pass the tax on to your customers, you may not do so now. (“Tax'’ as used in this section also includes a tax increase.) Sec. 15. Additional charges. You may not make a higher charge for expediting, packaging, or other incidents of a service than you made in the base period to a purchaser of the same class, nor may you now make any charge for any inci¬ dent of a service if it was not your practice to do so in the base period, unless you are authorized to do so by the Director of Price Stabilization, Washington 25, D. C. You may not re¬ quire a purchaser to pay a larger propor¬ tion of transportation costs incurred in the supply of any service than you re¬ quired a purchaser of the same class to pay during the base period for the same service. Unless authorized by the Di¬ rector of Price Stabilization, Washington 25, D. C., you may not require a deposit for any reason or make an extra charge for insurance, if you did not do so in the base period, nor may you now increase any such deposit or insurance charge made in the base period. Sec. 16. Customary price differentials . Your ceiling .prices, when determined, shall reflect your customary price differ¬ entials, including discounts, allowances, premiums and extras, based upon dif¬ ferences in classes or location of pur¬ chasers, or in terms and conditions of sale or delivery. Sec. 17. Sales slips; receipts. If you have customarily given a purchaser a sales slip or receipt, you must continue to do so. Upon request by a pur¬ chaser, you must regardless of your pre¬ vious custom, give the purchaser a sales slip or receipt. Such sales slip or receipt must show your name and address, the date, the description and quantity of each service sold, the price charged for each such service, and the price charged for any parts or commodities furnished with the service. Sec. 18. Records; filings of statements; posting. You must comply with the fol¬ lowing provisions for keeping price rec¬ ords and for filing statements of your ceiling prices: (a) Records. Preserve for examina¬ tion by OPS all records regarding your prices, rates, or pricing methods for serv¬ ices supplied or offered for supply during the base period (or such other period as is specified as your base period) and thereafter. (b) Filings of statements. (1) Pre¬ pare and keep for examination by any person during ordinary business hours, a statement of your ceiling prices, rates, or pricing methods for purchasers of each class together with an adequate description of each such service. (1) If you have in any case taken the ceiling price of your closest compet¬ itor for any service as your ceiling price, indicate on the statement in every such case the service, the ceiling price, and your closest competitor’s name and ad¬ dress. (ii) If your ceiling prices are based upon a flat rate manual or similar pric¬ ing manual or parts catalogue or list, you may (instead of appending it to the statement) clearly identify on the state¬ ment such manual, parts catalogue, or list by name, edition number, and date, indicating the instances in which it was not your practice in the base period to follow it. (2) File a duplicate of your statement with the appropriate OPS district office. You may request, if you wish, that the part of your statement insofar as it ap¬ plies to non-retail services which you sell be treated as confidential and not subject to public disclosure. Such part of your statement as shall be so treated will then be withheld from public in¬ spection unless the withholding of the information it contains would be con¬ trary to the purposes of this regulation. You may also withhold from public in¬ spection such part of your statement, insofar as it applies to non-retail serv¬ ices which you sell. (3) You must prepare and file such duplicate statement within 30 days of the date that your ceiling price for a service is first established by this regu¬ lation. If you have previously prepared and preserved a statement of your ceil¬ ing prices under the GCPR and its amendments, and your ceiling prices have not changed under this regulation, you must prepare and file such duplicate copy of such statement under this regulation. (c) Supplements. You must also pre¬ pare and keep available appropriate sup¬ plements of your statements, and you must file a duplicate copy of each such supplement with the appropriate OPS district office, within 10 days after you have delivered any new service or after any change in your selling price is au¬ thorized by GPS. 85 Serv 32:5 (d) S'gnatu r e. The^e statements and all supplements thereto must b? signed by you or your authorized agent. (e) Exception. If you can show that the requirements of this section subject you to unusual hardship, you may apply to the Director of Price Stabilization, Washington 25, D. C., for written au¬ thorization to depart from these require¬ ments. Such authorization will be given only if it will not be inconsistent with the purposes of this regulation. (f) Posting. (1) OPS may require you to post your ceiling prices for any service which you sell at retail whenever it is deemed necessary to the effective enforcement of this regulation. (2) If, however, you operate a service establishment making sales at retail, you must, not later than 30 days after the date that your ceiling price for a service is first established by this regulation, post your ceiling prices in a prominent or clearly visible position in your estab¬ lishment. Sec. 19. Violation — (a) Civil and crim¬ inal action. If you violate any provisions of this regulation you are subject to the criminal penalties, civil enforcement actions, and suits for treble damages provided by the Defense Production Act of 1950. (b) Record-keeping and filing viola¬ tions; failure to establish ceiling price. (1) If you fail to keep the records or statements as required by section 18 of this regulation, or if such records or statements or supplements are incorrect or incomplete, or if you fail to apply to OPS for the establishment of a ceiling price under section 7 of this regulation, if you are required to do so, OPS may issue an order establishing a ceiling price for each service you sell in line with prices established by this regula¬ tion. Such order may establish the ceiling price as of the date of the first sale of the service under this regulation. Such order may also require you to give sales slips or receipts to your cus¬ tomers as specified in the order, to re¬ tain copies thereof in your files, and to prepare and keep such records as may be specified in the order. These re¬ quirements will not, however, relieve you of your obligation to comply with the requirements of sections 18 and 7 of this regulation, or of the various penalties for failure to do so. (2) The term “ceiling price” as used in this paragraph and in section 18 also includes a ceiling rate or pricing method. Sec. 20. Adjustments —(a) General adjustments. OPS may adjust any ceil¬ ing price established under this regula¬ tion upon a demonstration of substan¬ tial financial hardship threatening your ability to continue to supply a service, subject to the following limitations: (1) No adjustment will increase your ceiling price above the levels necessary to permit you to continue the sale of your services; (2) No adjustment will be made if it will create or tend to create a need for increases in the prices of other sellers in your locality or elsewhere. In judging whether a ceiling price sub¬ jects you to substantial financial hard¬ ship, OPS will take into account such pertinent factors as the nature of your business, its earnings, and the earnings of your trade as a whole during a repre¬ sentative period. A price increase may be denied in whole or in part, however, if your hardship is attributable to such causes as a decline in sales volume be¬ cause of reduced demand, general man¬ power shortage, shortage of essential supplies, or other difficulties apart from your ceiling price. Even though a par¬ ticular service or type of service is not profitable, an adjustment may be denied in whole or in part if in the judgment of OPS, such action is justified in view of the profitability of your business as a whole. (b) Adjustment by buyer-seller agree¬ ment. In order to permit the continu¬ ance of a limited supply of an essential non-retail service, you may, if the buyer agrees to absorb a price increase above your ceiling price for that service, apply to the Director of Price Stabilization, Washington 25, D. C., for permission to increase the price of that service to him by an amount not to exceed direct labor and material cost increases incurred by you since your ceiling price for that serv¬ ice was established. Twenty days after filing under this paragraph for a price increase or supplying such additional in¬ formation as OPS may request, you may charge your increased price unless you are advised by OPS that your application has been denied. The Director of Price Stabilization or any official of OPS hav¬ ing authority to act may at any time deny the application for the price increase in any case where it appears to be incon¬ sistent with the purposes of the Defense Production Act of 1950. Sec. 21. Adjustable pricing. Any per¬ son may agree to sell at a price which can be increased up to the ceiling price in effect at the time of delivery; but no person may, unless authorized by OPS, deliver or agree to deliver at prices to be adjusted upward in accordance with ac¬ tion taken by OPS after delivery. Such authorization may be given when a re¬ quest for a change in the applicable ceil¬ ing price is pending, but only if the authorization is necessary to promote distribution or production and if it will not interfere with the purposes of the Defense Production Act of 1950. The authorization may be given by the Di¬ rector of Price Stabilization or by any official of OPS having authority to act upon the pending request for a change in price or to give the authorization. The authorization will be given by order, ex¬ cept that it may be given by letter or telegram when the contemplated revision will be the granting of an individual ap¬ plication for adjustment. Sec. 22. Petitions for amendment. If you seek a change in any provision of this regulation affecting sellers of a serv¬ ice generally, you may file a petition for amendment. Sec. 23. Procedures. Petitions for amendment and applications for adjust¬ ment shall be filed in accordance with Price Procedural Regulation No. 1 except that such petitions and applications shall be filed with the Director of Price Sta¬ bilization, Washington 25, D. C. Sec. 24. Amendments; supplementary regulations; orders. This regulation may be changed or supplemented at any time ly amendments, supplementary regulations, orders, or other appropriate action. Sec. 25. Evasion, (a) This regulation shall not be evaded directly or indirectly. (b) Any act or practice which results directly or indirectly in obtaining a higher price than is permitted by this regulation is a violation of this regula¬ tion. Such practices include, but are not limited to, devices making use of commissions, cross-sales, transportation arrangements, premiums, discounts or any other price differential, special privi¬ leges, tie-in agreements or combination sales which require the purchaser of a service covered by this regulation to buy or agree to buy any other commodity or service as a condition of receiving the desired service, or trade understandings; deterioration of services; or the practices not justified under section 12 (e) of this regulation. Sec. 26. Applicability. This regula¬ tion applies to services supplied in the 48 States of the United States and the District of Columbia. Sec. 27. Definitions and explanations. (a) When used in this regulation: (1) “Appropriate OPS district office” means the district office of the Office of Price Stabilization for the district where your place of business is located and from which your sales are made. (2) “Base period” means the period as of which your ceiling prices are fixed under this regulation. (3) “Closest competitor” means that seller selling the same service under sub¬ stantially the same conditions who is in close competition with you and is located nearest to you. (4) “Commodity.” This term in¬ cludes commodities, materials, articles, products, supplies, components, proc¬ esses and contracts to buy, sell or de¬ liver any of the foregoing. (5^ “GCPR” means the General Ceil¬ ing Price Regulation. (6) “Non-retail sale” means a sale to an industrial, commercial, or govern¬ mental user. (7) “Offered” (as that word is used in connection with price) means the price quoted in your base period price list, or, if you had no price list in the base period, the price which you regu¬ larly quoted in any other manner, or the price determined by your base period rate or pricing method. But “offered” (price) does not include a price intended to withhold a service from the market, or a price you offered as a bargaining price if you usually sold at a price lower than your asking price. (8) “OPS” means the Office of Price Stabilization and, for the purposes of authorizing, establishing, adjusting, re¬ vising or disapproving ceiling prices means the Director of Price Stabiliza¬ tion or any official to whom he by order shall delegate the authority therefor. (9) “Person” includes an individual, corporation, partnership, association, or any other organized group of persons, or the legal successor or representative of any of the foregoing, and the United States and any other government and the political subdivisions and agencies of any of the foregoing. (10) “Pricing method” is a formula by which you determined a price for a service in the base period which in- 85 Serv 32:6 eluded a rate, and an item for labor, materials, and mark-up for overhead and profit, or any of such items, whether or not the formula v/as disclosed to the purchaser. Unless the formula included a rate, the figure which resulted from the application of the formula was a flat price (except where the supplying of a service was on a cost-sharing basis). See definition of “rate” in subparagraph (12) of this paragraph. (11) “Purchaser of the same class’* means a purchaser belonging to the same price class, that is, to a group of pur¬ chasers to whom it was your established practice in the base period to supply or offer to supply the same service at a particular price. If in the base period you customarily supplied or offered to supply the same service to any purchaser at a price different from the price at which you supplied or offered to supply the same service to other purchasers, that purchaser is in a purchaser price class by himself. (12) “Rate” is a means of determin¬ ing a price by multiplying the time in¬ volved in supplying a service by a fixed charge per unit of time, or by multiply¬ ing the price of the commodity involved by a fixed percentage. (13) - “Records” includes but is not limited to, books of account, sales lists, sales slips, orders, vouchers, contracts, receipts, invoices, bills of lading, and any other papers and documents relating to your prices. (14) “Rental” means any leasing of a commodity except where the lease is a substitute for a conditional sales con¬ tract, chattel mortgage, or other security device in connection with an installment sale, or except where the lease contains a provision giving the lessee an option to buy the leased commodity at a stipulated price from which all or a portion of the payments made as rent are to be de¬ ducted. (15) “Season” means any division of the year into periods of at least 14 con¬ secutive days for pricing purposes, such division being based upon regular and recurrent differences in demand for or supply of the service. (16) “Sell” or “supply” includes sell, rent, supply, dispose, barter, exchange, transfer, deliver, and contracts and of¬ fers to do any of the foregoing. The term “sale”, “supply”, “selling”, “sup¬ plying”, “sold”, “supplied”, “seller”, “supplier”, “buy”, “purchase”, shall be construed accordingly. (17) “Service” or “services” means any act or acts performed or rendered, otherwise than as an employee, for a fee, charge or other consideration. The term includes any privilege sold or granted, or any forbearance to act, for a fee, charge or other consideration. The term also includes the rental of any commodity or service if the rental charge is not covered by another ceiling price regulation and has not been exempted from price control. (18) “You” means a person and refers to any seller or supplier subject to this regulation. If you supply services through more than one place of business, each such place of business shall, for the purposes of this regulation, be considered a separate seller or supplier. Effective date. This regulation shall become effective May 16, 1951. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in ac¬ cordance with the Federal Reports Act of 1942. Michael V. DiSalle, Director, Price Stabilization. May 11, 1951. U. S. GOVERNMENT PRINTING OFFICE ; O—1951 FILE following 85 Serv 32:6 (8-21-51) 85 Serv 32:7 Miscellaneous Amendments Ceiling Price Regulation 34 Amendment 1 AUGUST 20, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Arndt. 1] CPR 34—Services MISCELLANEOUS AMENDMENTS Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 (15 F. R. 6105), and Eco¬ nomic Stabilization Agency General • Order No. 2 (16 F. R. 738), this Amend¬ ment 1 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 1 to Ceiling Price Regulation 34 clarifies and amplifies that ceiling price regulation. Sections 12 (d), 13 (a), 13 (b), 13 (c), 18, 18 (b) (1) and 18 (g) (newl have been the subject of miscellaneous clarifying amendments. Section 5 (a) (2) is amended to provide that an offer in writing to supply a serv¬ ice in the base period may be evidenced by a written invoice made prior to the base period but after December 31, 1949. An addition to section 20 (a) has been made prescribing the in¬ formation required, by way of a form or otherwise, from a supplier who may seek a general adjustment of his ceiling price. Section 20 (b) is implemented by the introduction of a new adjustment paragraph (c), which permits a pur¬ chaser of non-retail services who agrees to absorb the increased price charged to him by his sellers, who are threatening to discontinue the supplying of those services and who are too numerous to make practicable any recourse to an ad¬ justment of that price by a buyer-seller agreement under paragraph (b), to make an application to the Director of Price Stabilization to pay his sellers as much as but no more than the price he would be required to pay other supplying sources for such services. Section 26 is amended, so that the pro¬ visions of Ceiling Price Regulation 34 are made applicable to the territories and possessions as of the effective date of this amendment. The territories and possessions were excluded from that regulation, as issued, because the supple¬ mentary regulations to be issued under such Ceiling Price Regulation 34 were to be tailored to conditions existing in the economy of the continental United States and, therefore, not necessarily suitable to the needs of the territories and possessions. It has now been deter- | \ mined that there will be two series of f) supplementary regulations issued under such Ceiling Price Regulation 34, one applicable to the continental United States, and the other to the territories and possessions. The latter will be labeled “Territorial Supplementary Reg¬ ulations”. The filing date in section 18 for the listed territories and possessions will, of course, be computed only from the effective date of this amendment. The technical nature and routine character of the provisions of this amendment made it unnecessary to consult formally with industry repre¬ sentatives, although wherever feasible various representatives from service fields were informally consulted and con¬ sideration was given to their recom¬ mendations. In the judgment of the Director of Price Stabilization the pro¬ visions of this regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Ceiling Price Regulation 34 is amended in the following respects: 1. Subparagraph (2) of paragraph (a) of section 5 is amended by adding after the first sentence thereof the following: “Such an offer in writing must be one made in the base period or be evidenced by an invoice made prior thereto but after December 31, 1949.” 2. The second sentence of paragraph (d) of section 12 is amended by striking “class” and inserting in the place there¬ of “category”, and as amended to read as follows: “However, if you followed the practice of maintaining individually negotiated prices, the ceiling price to a new purchaser is the arithmetic average of your base period ceiling prices to pur¬ chasers of the same category for the same service.” 3. Paragraph (a) of section 13 is amended by striking therefrom “May 16, 1951” and inserting in the place thereof “January 25, 1951”. 4. Paragraph (b) of section 13 is amended to read as follows: (b) Moving. If you sell services at re¬ tail and move the business out of your trading area after January 25, 1951, you must apply to OPS for establishment of your ceiling prices under section 7 of this regulation. If you move the business in the same trading area you must keep the same ceiling prices. 5. A new paragraph (c) is added to section 13 to read as follows: (c) Chains. If you operate one or more selling units and you open a new unit after January 25, 1951, you must apply to OPS for establishment of your ceiling prices for that unit under sec¬ tion 7 of this regulation, except that if you close a selling unit and open another one in the same trading area, your ceil¬ ing prices for the new unit shall be the same as those of the unit you closed. 6. The title of section 18 is amended by striking the period after “posting” in line 2 and inserting in the place thereof a semicolon followed by “reports”, and as amended to read as follows: Sec. 18. Records; filings of statements; posting; reports. 7. Subparagraph (1) of paragraph (f) of section 18 is amended by striking the phrase “at retail” in line 3, and as amended to read as follows: (f) Posting. (1) OPS may require you to post your ceiling prices for any service which you sell whenever it is deemed necessary to the effective en¬ forcement of this regulation. 8. A new paragraph (g) is added to section 18 to read as follows: (g) Reports. The Director of Price Stabilization may from time to time re¬ quire reports and information subject to the approval of the Bureau of the Budget under the Federal Reports Act of 1942. Such reports must be filed with the Office of Price Stabilization, Washington 25, D. C., or with the appropriate OPS dis¬ trict office if you are instructed to do so, at such time, in such form and in accord¬ ance with such instructions as shall be required or approved. 9. Paragraph (a) of section 20 is amended by adding at the end thereof the following: You may apply to the Director of Price Stabilization, Washington 25, D. C., for an adjustment under this paragraph pursuant to the form listed below which is applicable to the services you supply: (i) If you are a seller of automotive, farm implement, appliance or other repair services priced by a customers' hourly rate, you must complete and file, in duplicate, with the Director, OPS Public Form No. 42. (ii) If you are a seller of any services other than those provided for in sub¬ division (i) above, you must complete and file, in duplicate, with the Director, OPS Public Form No. 43 and such other data as may be required thereby. (iii) Should OPS Public Forms Nos. 42 or 43 be considered by OPS to be in¬ appropriate for a particular applicant, OPS may require, as a condition for applying for an adjustment hereunder, that the applicant furnish to the Direc¬ tor the information OPS may prescribe. 10. A new paragraph (c) is added to section 20 to read as follows: (c) Application bp purchaser who buys services from numerous sellers. If a purchaser buys non-retail services from sellers who are too numerous to make recourse to paragraph (b) of this section / 85 Serv 32:8 practicable and who are threatening to discontinue supplying him with such services, the purchaser may, if he agrees to absorb the price increase above the ceiling, apply to the Director of Price Stabilization, Washington 25, D. C., for permission to pay to his sellers for the supplying of such services as much as but no more than he would be required to pay other suppliers therefor. Such letter should show the nature and extent of the sellers’ cost increases, and, where prac¬ ticable the names and addresses of the sellers and the ceiling prices of each. A price increase under this paragraph may not becomes effective until the applicant is advised in writing of OPS approval, which will be given only where it is clear that there is no practicable recourse to paragraph (b) of this section, and where granting such approval will not be in¬ consistent with the purposes of the Defense Production Act of 1950, as amended. 11. Section 26 is amended to read as follows: Sec. 26. Applicability. This regula¬ tion applies to services supplied in the 48 States of the United States, the Dis¬ trict of Columbia, and Alaska, Guam, Hawaii, Puerto Rico, Samoa and the Virgin Islands. Effective date. This Amendment 1 to Ceiling Price Regulation 34 is effective August 25, 1951. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Note: The record-keeping and reporting requirements of this amendment have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Michael V. DiSalle, Director, Office of Price Stabilization. August 20, 1951. FILE following 85 Serv 32:8 (1-9-52) 85 Serv 32:9 Adjustment of Ceiling Price Regulation 34 Ceiling Prices Amendment 2 JAN. 9, 1952 OFFICE OF PRICE STABILIZATION TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [CeUlrig Price Regulation 34, Amdt. 2] CPR 34 —Services ADJUSTMENTS OF CEILING PRICES Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended, Executive Order 10161 (15 P. R. 61 OS), and Economic Stabili¬ zation Agency General Order No. 2 (16 P. R. 738), this Amendment 2 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment states the’basis for granting individual adjustments in ceil¬ ing prices to those engaged in the service trades subject to Ceiling Price Regula¬ tion 34, including, particularly, the acfi- justments required by section 402 (d) (4) of the Defense Production Act of 1950, as amended. It also provides that henceforth such applications (with cer¬ tain exceptions) are to be filed in the District Office of OPS rather than in the National Office of OPS as was previ¬ ously the case. The field offices are be¬ ing authorized to act upon such appli¬ cations which will pertain primarily to the furnishing of local services to non¬ industrial consumers. Applications for adjustment in certain cases will continue to be filed in the Na¬ tional Office of OPS. Such applications will include* those made by persons en¬ gaged in the service trades whose busi¬ ness activities cross the boundaries of OPS regions or whose business activities may involve OPS regulatory policies em¬ bodied in regulations other than Ceiling Price Regulation 34. Perhaps the most important category of applications re¬ quired to be filed in the National Office of OPS are applications pertaining to services supplied or sold in direct con¬ nection with industrial, manufacturing or agricultural activities. OPS experience with the service trades under this regulation and with numer¬ ous service establishments seeking re¬ lief, highlights the unusual cost account¬ ing difficulties peculiar to the service trades governed by CPR 34. Typical service establishments covered by Ceil¬ ing Price Regulation 34 are laundries, cleaning and dyeing plants, garment re¬ pair shops, radio and television repair services, automobile repair shops and home electrical and appliance repair shops. It would be extremely difficult for most of these service establishments to make the computations of cost in¬ creases or decreases in the manner pre¬ scribed by the so-called Capehart Amendment, i. e., section 402 (d) (4) of the Defense Production Act of 1950, WASHINGTON as amended. After careful evaluation, it is the opinion of the Director of Price Stabilization that the provisions of sec¬ tion 20 (a) of this regulation, as amend¬ ed, generally afford so-called Capehart relief to the fullest practicable extent. This amendment provides, nevertheless, that if someone in a service trade cov¬ ered by CPR 34 believes that he can show that he is entitled to a further increase in ceiling prices under the so- called Capehart Amendment, he is to in¬ form OPS fully of all the circumstances and make a full showing so that appro¬ priate study may be given the matter by OPS. The general standard in this amend¬ ment provides for an adjustment where the ceiling prices established by the reg¬ ulation impair the applicant’s normal representative pre-Korean earnings to such an extent that the effective opera¬ tion of his service business is threat¬ ened. The implementation of this gen¬ eral standard requires an analysis of the particular industry and service es¬ tablishment involved. The OPS will consider such significant facts as the nature of the industry and the size and characteristics of typical service estab¬ lishments in the industry, as well as of the applicant’s establishment. OPS will consider also whether the applicant is engaged solely in rendering the services for which he seeks an adjustment, or whether he also sells commodities or other services. Likewise, the OPS will consider whether the industry, of which the applicant’s establishment is a part, is a relatively self-cohtained industry or is closely related to a larger industry where the service is, for example, part of the production or the preparation for market of a commodity. In many service trades, particularly those who supply services to nonindus¬ trial consumers, many persons operate with very modest, if any, financial re¬ serves and employ relatively few employ¬ ees. These important facts also will be taken into account. In addition, this amendment takes into account the spe¬ cial problems of very small businesses, including the sketchiness of their records. The technical nature of the provisions of this amendment made it impracticable to consult formally with industry repre¬ sentatives, although various representa¬ tives from the service trades were in¬ formally consulted and consideration was given to their recommendations. AMENDATORY PROVISIONS Section 20 (a) of Ceiling Price Regula¬ tion 34 is amended to read as follows: (a) Adjustments in general. OPS will adjust your ceiling price upon a showing that your ceiling prices impair your nor¬ mal earnings, in a representative pre- Korean period, to such an extent that the effective operation of your service busi¬ ness is threatened. In considering applications for adjust¬ ment under this section, and the extent, if any, to which relief should be granted, OPS will, so far as pertinent, take into account, among other things: Your post- Korean increases and decreases in cost; the earnings of your services business as well as the earnings of youf entire busi¬ ness operation; the extent to which the impairment of yOur pre-Korean earnings results from non-recurring factors such as flood, fire, strike; change in sales vol¬ ume ; the nature and size of your firm or company and of the service trade of which it is a part; whether the service? supplied or sold by you are a necessary part of the production of a commodity or of the preparation of a raw material for marketing; whether your ceiling price is established by a regulation supple¬ mentary to Ceiling Price Regulation 34; and whether the records upon which you rely to support your showing of impair¬ ment of earnings are reasonable and ade¬ quate for a business of your size in your service trade.. If you prove to the satisfaction of the OPS that you are entitled to relief un¬ der this adjustment provision, but, be¬ cause of the extremely small volume of your business, you cannot establish clearly the extent of the impairment of your pre-Korean earnings, OPS may take into account the ceiling prices and un¬ derlying costs for substantially the same services sold or supplied by others in your area. (1) Except under the circumstances listed or described in subparagraph (2) of this paragraph, you must file your application, in duplicate, on OPS Public Form Pub43, Revised, with the OPS District Office for the district in which your place of business is located. In addition to the information required of you by OPS Public Form Pub43, Revised, OPS may request such other information as may be found necessary in consider¬ ing your application. The authority to act upon your application is being dele¬ gated to the OPS Regional Offices, with power to redelegate this authority to the OPS District Offices. (2) You must file your application on OPS Public Form Pub43, Revised, in duplicate, with the Office of Price Sta¬ bilization, Washington 25, D. C., if you sell or supply any services, subject to Ceiling Price Regulation 34, which are listed or described below: (i) Any services supplied by a person whose business (services, and other busi¬ ness) normally is carried on in more than one OPS region. (ii) Any services rendered to manu¬ facturing or industrial establishments which are either a necessary part in the production of a commodity or are useful 85 Serv 32:10 or necessary in the preparation of-a raw material for marketing. (iii) Any services rendered on food or agricultural commodities. (iv) Royalty arrangements of any kind. (v) Services of selling agents, brokers or auctioneers. (vi) Real property management serv* ices. (vii) Banking services. (viii) Admissions to athletic and sport¬ ing events. (ix) Non-exempt services performed or supplied by public utility and common carrier corporations, their lessees, con¬ cessionaires or assigns (such as parking facilities, locker facilities, installation of gas and electric ranges). (x) Warehouse facilities. (xi) Dock and terminal facilities. If some of the services you sell or sup¬ ply are listed or described in this sub- paragraph and some of the services you sell or supply are not so listed or de¬ scribed, you must file your application for adjustment for all of the services which you sell or supply with the Office of Price Stabilization, Washington 25, D. C. In addition to the information re¬ quired of you by OPS Public Form Pub43, Revised, OPS may request such additional information as may be found necessary in considering your applica¬ tion. (3) Because of inherent cost account¬ ing problems peculiar to the various service trades, exact determination of cost increases or decreases under section 402 (d) (4) of the Defense Production Act of 1950, as amended, would impose an insuperable difficulty upon the service trades. Generally, the provisions of this section, other than this subparagraph, will afford, to the fullest practicable ex¬ tent, the relief permitted by section 402 (d) (4) of the Defense Production Act of 1950, as amended. If, however, you believe that such other provisions of this section do not afford you an adjustment which permits as much of a ceiling price increase as you are entitled to under section 402 (d) (4) of the Defense Pro¬ duction Act of 1950, as amended, you may write and make a full showing to the Office of Price Stabilization, Wash¬ ington 25, D. C., stating the relief to which you believe you are entitled and the reasons for your belief. You should also state the relief you have previously received under this section and the rea¬ sons why you believe that such relief is not sufficient; whether you have an ap¬ plication pending before OPS for relief under any other provision of this section, and if so, the date of filing and the address of the OPS office with which you filed the application. You should also supply all of the reports required by General Overriding Regulation 20 or General Overriding Regulation 21, whichever by its terms would be appli¬ cable to your business if services covered by Ceiling Price Regulation 34 were not exempt from those regulations. (4) Any application filed prior to January 14, 1952 will be given due con¬ sideration in accordance with the stand¬ ards provided in this section, as amended. Accordingly, you need not re¬ vise such application. If supplementary information is necessary you will be ad¬ vised by OPS in due course. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154) Effective date. This Amendment 2 to Ceiling Price Regulation 34, is effective January 14, 1952. Note: The record-keeping and reporting requirements of this amendment have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Michael V. DiSalle, Director of Price Stabilization. January 9, 1952. FILE following 85 Serv 32:10 (4-23-52) 85 Serv 32:11 Adjustment of Ceiling Prices for New Service Sellers (Amending Sec. 20(a)) OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 34 Amendment 3 APRIL 23. 1952 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 34, Arndt. 3| CPR 34-Services ADJUSTMENT OF CEILING PRICES FOR NEW SERVICE SELLERS Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended. Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 P. R. 738), this Amendment 3 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 3 to Ceiling Price Regulation 34 provides that ceiling prices for services supplied by sellers, without normal earnings experience in the pre-Korean period because they have been in business a relatively short time, may be adjusted upon a showing of fi¬ nancial hardship under section 20 (a) of that regulation. Before Amendment 2 to Ceiling Price Regulation 34 became effective on January 14, 1952, sellers re¬ gardless of when they entered into busi¬ ness, could apply for relief under this section upon a demonstration of substan¬ tial financial hardship threatening their ability to continue to supply a service. By Amendment 2 to Ceiling Price Regu¬ lation 34, section 20 (a) was revised so that it appeared to apply to only those suppliers of services who had suffered an impairment of normal earnings in a rep¬ resentative pre-Korean period. This amendment clearly restores the broader scope to section 20 (a). In order to qualify for relief under this amendment the seller of services must show first, that he had no normal earn¬ ings in a representative pre-Korean pe¬ riod because his service business is rela¬ tively new. It must also appear, if the facts can be reasonably ascertained, that his present ceiling prices for services are below the prevailing level for such serv¬ ices in his trading area. Finally, the ap¬ plicant must show that his ceiling prices are causing or will cause him to operate his service business at a loss. The technical nature and routine character of the provisions of this amendment made it impracticable to consult formally with industry repre¬ sentatives, although wherever feasible various representatives from service fields were informally consulted and con¬ sideration was given to their recommen¬ dations. In the judgment of the Di¬ rector of Price Stabilzation the provi¬ sions of this regulation are generally fair and equitable and are necessary to ef¬ fectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Section 20 (a) of Ceiling Price Regu¬ lation 34, as amended, is further amend¬ ed by adding after the first sentence thereof, the following: “OPS will also ad¬ just your ceiling prices upon a showing that you had no normal earnings, in a representative pre-Korean period, be¬ cause your service business is relatively new; that your ceiling prices are below the prevailing level of ceiling prices for the same services in your trading area; and that because of the level of your ceil¬ ing prices, your service business is, or will soon be, operated at a loss.” (Sec. 704, 64 Stat. 816, as amended; 60 U. 8. C. App. Supp. 2154) Effective date. This Amendment 3 to Ceiling Price Regulation 34 is effective April 28, 1952. Note' The record-keeping and reporting requirements of this amendment have been approved by the Bureau of the Budget In ac¬ cordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stdbilizatior April 23, 1952. i* " r \ ■» -■• ■• 1 * 0 -. • •• \3 ■ •• < ■ .'>« »( lie til -ju‘ •’ • . «*j * ■ ■? ■ v - ■ _ ' I • .**••/>* i i). ... - FILE following 85 Serv 32:11 (10-22-52) 85 Serv 32:13 Modification of Posting Requirements (Amending Sec. 18(f) (2); adding Sec. 18(f)(3)) OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 34 Amendment 4 OCT. 22. 1952 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Celling Price Regulation 34, Amdt. 4] CPR 34—Services MODIFICATION OF POSTING REQUIREMENTS Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment 4 to Ceiling Price Regulation 34, as amended, amends sec¬ tion 18 (f) (2) of that regulation to re¬ quire all service establishments making sales at retail to post, on an official poster supplied by the Office of Price Stabili¬ zation, a list of the ceiling prices of its principal services. This amendment also modifies the existing requirement that service suppliers post all ceiling prices, by requiring such suppliers to keep avail¬ able for public inspection, either on ad¬ ditional posters or in separate lists, the ceiling prices of additional services which are offered for sale. Service establishments making sales at retail which were doing business during the base period December 19, 1950 to January 25, 1951, inclusive or which commenced doing business prior to May 16, 1951, were required by CPR 34 to file a list of their ceiling prices with the Dis¬ trict Office of tne Office of Price Stabili¬ zation and to post such ceiling prices on or before June 15, 1951. New service businesses and sellers of new services were also required to post and file their ceiling prices within thirty days of the date that the ceiling price for the service was established by this regulation. In¬ formal surveys of service establishments by representatives of the Office of Price Stabilization has shown a lack of uni¬ formity with respect to the size of post¬ ing, the subject matter covered, and the visual accessibility to the purchaser of the posted ceiling prices, In accordance with a basic program of price stabiliza¬ tion, the Director has determined that in order to apprise purchasers of services subject to Ceiling Price Regulation 34, that modification of the posting require¬ ments as contained in section 18 (f) (2) is necessary and thus is providing offi¬ cial posters upon which sellers may list the ceiling prices of their most repre¬ sentative services, these posters be prom¬ inently displayed in the service estab¬ lishment where it can be easily seen and read by the customers. The numerous and diverse establish¬ ments which will be affected by this amendment have made it impracticable to consult formally with Industry Ad¬ visory Committees including trade asso¬ ciation representatives, however, the Di¬ rector has given consideration to in¬ formal recommendations from various service trades. In the judgment of the Director the provisions of this regulation are gen¬ erally fair and equitable and are neces¬ sary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Ceiling Price Regulation 34, as amend¬ ed, is further amended in the following respects: 1. Section 18 (f) (2) is amended to read as follows: If you operate a service establishment making sales at retail, you must, not later than 7 days after you receive an official OPS poster, post your ceiling prices for your principal services on such official poster in a prominent place in your service establishment where it can easily be seen and read by your cus- tioners. In the event you do not receive an official poster, you must, not later than November 26, 1952, or 30 days after the date your ceiling price for a service is first established by this regulation, whichever is later, obtain an official poster from your OPS District Office and post your ceiling prices in accordance with this section. Ceiling prices for ad¬ ditional services must be kept readily available for public inspection at your place of business. You may use either additional posters or separate lists identifying each service and ceiling price. 2. Section 18 (f) is further amended by adding new subparagraph (3) which reads as follows: (3) If a poster is mutilated or becomes badly soiled or otherwise damaged, it must be replaced by a new one which may be obtained from your OPS District Office. Erasures or changes in ceiling prices listed on the poster, excepted to correct clerical or arithmetical errors are prohibited, unless authorized by OPS. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154) Effective date. This amendment 4 to Ceiling Price Regulation 34 shall be ef¬ fective October 27, 1952. Note:T he record-keeping and reporting re¬ quirements of this supplementary regulation have been approved by the Bureau of the Budget In accordance with the Federal Re¬ ports Act of 1942. Tighe E. Woods, Director of Price Stabilization. October 22. 1952. «- i r* , • ■ . ai' . - «rd , ’ • ■ i - s * . f ■, »J , a< i , • j • ■■ i «*? ’ i , . r ■ 4 VJ 4- • •J' S ^ ‘ J ’ .t • • . ■■ c ~ L>-»f • >«,*.■ JWiv A 1 JM 1! r «!..■-• *J. j* y. " ; • ■ ' ' • .» .4 v ♦ <3 ? :i ■ ■ i . ) V' i . .. - >•: jc .. V ! o.‘ ' N 13 \; t> .19 • . I -t f ... f I FILE following 85 Serv 32:13 (10-31-52) 85 Serv 32:15 Base Period Contracts for Delivery at Increased Prices (Amending Sec. 12(a)) OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 34 Amendment 5 OCTOBER 31. 1952 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Ceiling Price Regulation 34, Arndt. 5] CPR 34— Services BASE PERIOD CONTRACTS FOR DELIVERY AT INCREASED PRICES Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amendment 5 to Ceiling Price Regula¬ tion 34 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment changes the cut-off date for allowing recognition of con¬ tracts for increased prices under section 12 (a) of CPR 34. This section has pro¬ vided, in part, that if in the base period a seller announced in writing an increase in his prices for a service to his classes of customers generally but did not de¬ liver the service at the increased price to any of the purchasers supplied in the base period because he was bound under contracts made before the an¬ nouncement in writing of the increase, then the seller could institute the in¬ crease at the expiration of each old con¬ tract if new contracts for future delivery of the service at the increased prices were entered into prior to December 19, 1950. This critical December 19, 1950 date is now changed to January 26, 1951. The purpose of including this provi¬ sion in section 12 (a) was to permit sellers to use increased prices at which they did not actually deliver during the base period but at which they would have delivered had they not been bound by contractual commitment. It is an exception to the pricing rules of section 5 of the regulation which require a seller to establish his ceiling prices for a serv¬ ice on the basis, generally, of the highest price at which he supplied the service during the December 19, 1950 through January 25, 1951 base period. At the time section 12 (a) was formulated the Director determined, in the light of the rapid raise of prices during the months of December, 1950 and January, 1951, that the section 12 (a) exception to the provisions of section 5 should be restrict¬ ed by the requirement of the seller hav¬ ing made the contracts before December 19, 1950. This was to prevent the possi¬ bility of letting in under this exception any price increases which were an¬ nounced by the seller in order to gain a price advantage in anticipation of the issuance of ceiling price regulations. Experience under CPR 34 indicates, however, that the purpose of the section can be attained without rigidly exclud¬ ing those sellers who entered into their future delivery contracts between De¬ cember 19, 1950, and January 25, 1951, inclusive. There are many sellers who in good faith announced price increases during the base period, were not able to deliver at the higher price immediately because of prior contractual obligations, but did contract during the base period for future delivery at the increased prices. The Director has concluded that the provisions of section 12 (a) should be amended to permit the sellers who entered into such future delivery con¬ tracts prior to January 26, 1951, to use the increased prices for the services if they are able to meet the other condi¬ tions of the amended portion of section 12 (a). In view of the nature of this amend¬ ment, consultation with industry repre¬ sentatives, including trade association representatives, has been impracticable. AMENDATORY PROVISIONS The last unnumbered paragraph of section 12 (a) of Ceiling Price Regulation 34 is amended to read as follows: If, however, in the base period you an¬ nounced in writing an increase in your prices for a service to your classes of pur¬ chasers generally, but you did not deliver the service at the increased price to any of the purchasers whom you supplied in the base period because you were bound under contracts made before the an¬ nouncement in writing of that price in¬ crease, and you did enter into new con¬ tracts for future delivery of the service at the increased price prior to January 26, 1951, and all such new contracts pro¬ vided for delivery at the increased price, then at the expiration of each old con¬ tract you may institute the announced price increase, adjusted to reflect the customary differential in prices among your classes of purchasers. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment is ef¬ fective November 5, 1952. Tighe E. Woods, Director of Price Stabilization. October 31, 1952. ✓ . .! rru» . .u i! *'• ■: - : (11-6-52) 85 Serv 32:17 FILE following 85 Serv 32:15 Miscellaneous Amendment (Amending Title and Paragraph (a) of Sec. 13) OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 34 Amendment 6 NOVEMBER 6, 1952 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 34, Arndt. 6| CPR 34 —Services ACQUIRING A BUSINESS OR SUPPLYING SERV¬ ICES PREVIOUSLY SUPPIIED BY ANOTHER PERSON AT THE SAME BUSINESS ESTABLISH¬ MENT; MOVING OF BUSINESS! CHAINS Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 6 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS Section 13 (a) is being amended to clarify its scope and purposes. As the section was previously written it was clear that where there had been a volun¬ tary transfer of a previously established service business such a transfer was sub¬ ject to the provisions of section 13 (a) and the transferee was therefore gov¬ erned by the ceiling prices applicable to the transferor. Section 13 (a), which deals with th6 acquisition of a previously established service business establish¬ ment, thus generally preserved to the classes of purchasers at that establish¬ ment the same services without any in¬ crease in their ceiling prices. It was also recognized that a mere formal break in the chain of direct transfer should not be allowed to become an easy way for bringing about ar- increase in those ceil¬ ing prices. Accordingly, the section also was considered to apply to a seller who acquired such a business by means other than by way of direct transfer from its previous owner. For example: Landlord A rented a vacant lot to tenant B for a period from January 1, 1950, to Decem¬ ber 31, 1951. During the base period of December 19, 1950, to January 25, 1951, inclusive, B operated this lot as a parking lot and established ceiling prices for his parking lot services under section 5 of this regulation. On the expiration of this lease Landlord A rented the lot. effective January 1, 1952, to tenant C. Under such or similar circumstances C was considered to have acquired B’s parking lot business and B’s ceiling prices for parking lot services. Because, how¬ ever, of questions raised as to the rea¬ sonableness of applying the language of section 13 < 2 >, as amended, to remove from the posting requirements of the regulation banks, funeral establishments, establishments to the extent they supply or service prosthetic devices, and establishments in which the posting of a price would be violative of a statute or ordinance. The complexity of the price structure of services provided by banks differs from the ordinary pricing of a retail or consumer type of service. In view of this and of the special nature of the re¬ lationship between the buyers and sell¬ ers of these services, it is deemed un¬ necessary to require banks to post their ceiling prices. Prosthetic devices are usually tailored to a prescription, having to do with mat¬ ters peculiar and personal to each pur¬ chaser with a resulting pricing formula that is difficult to reduce to a form that when posted has much informational value to the buyer. The posting of ceiling prices for fu¬ neral services are inappropriate by the very nature of the service. In order to avoid a conflict with local conditions, posting will not be required wherever a state statute or municipal ordinance prohibits the posting of a price for any reason. These exemptions from the require¬ ment of posting will not impair the price stabilization program, nor will such ex¬ emptions have any material effect upon the cost of living or upon the general level of prices. The technical nature and routine character of the provisions of this amendment made it unnecessary to consult formally with industry rep¬ resentatives, including trade association representatives, although wherever fea¬ sible various representatives from serv¬ ice fields were informally consulted and consideration was given to their recom¬ mendations. In the judgment of the Di¬ rector of Price Stabilisation the provi¬ sions of this regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATOR V PROVISIONS Section 18 (2* of Ceiling Price Reg¬ ulation 34. as amended, is further amended by adding a new sentence at the end thereof as follows: “Provided however, that the provi¬ sions of this paragraph shall not apply to the following: Banks. ‘ ii > Funeral establishments. Establishments to the extent that they supply or service prosthetic devices. Establishments in which the posting of a price would violate a state statute or municipal ordinance.’' (Sec. '<04. 64 Stat 816, as amended; 50 U S. C. App. Supp. 2154) Effective date. This amendment to Ceiling Price Regulation 34 shall be ef¬ fective December 16, 1952. Joseph H. Freehill, Acting Director of Price Stabili¬ zation. December 11, 1952. 11 ■

' ' rT -1 ’ '--LX. n - * FILE following 85 Serv 32:202.3 (7-11-52) 85 Serv 32:202.5 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Coin operated toilet facilities The subject company installs toilet equipment with coin operated locks in buildings owned and operated by others under a contract whereby the lock company and the build¬ ing owner or operator divide the coins collected in designated proportions. Both the subject company and the owner or operator of the building are subject to CPR 34. The Company is rendering a toilet service to the public, and the building owner or operator is rendering a service to the company in permitting the installation and operation of locks and equipment. Both services are subject to CPR 34. ' - FILE following 85 Serv 32:202. 7 (7-14-52) 85 Serv 32:202. 9 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Construction services exempted under CPR 93, Section 1(b)—exempt also from CPR 34 (see Interps. following CPR 93, Sec. 1, page 61 Ind 49a:201.1). I • " ' ' MH ■ " . po . ' * . > FILE following 85 Serv 32:202.9 (7-25-52) 85 Serv 32:202.11 INTERPRETATIONS CPR 34, Sec. 2 MAIL ADVERTISING --typing, addressing, mailing, etc., as separate service If the charge for the services of typing, addressing, mailing, etc., are. included in the ceiling price for the manufacture of mailing circulars then such services are "services related thereto" within the coverage of GOR 8. However, if the printing and publishing of mailing circulars are separate from the services connected with the distribution of the circulars and a separate charge is made for services of distribution then such services are within CPR 34 and the ceiling prices are governed accordingly. (8/3/51 No. 13) 85 Serv 32:202.12 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Printing names or identifying marks on cartons which belong to another person A printer who prints identifying names or marks on cartons which originally were and remain the property of another person is performing a service under CPR 34 and is not a manufacturer under CPR 22. (6/21/51 No. 15) FILE following 85 Serv 32:202.12 (7-28-52) 85 Serv 32:202.13 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Repair of clocks and watches The repair of watches and clocks is subject to CPR 34; but the repair of a grand¬ father clock which was manufactured prior to 1850 is exempt, however, under GOR 14, Section 3(2)(43). (8/3/51 No. 10) ,Y- i ^ ’ i\ yr 3 w ' ft • ■ 1 " . : . . Y..,L . . . ■ . > FILE following 85 Serv 32:202. 13 (7-31-52) 85 Serv 32:202.15 INTERPRETATIONS CPR 34, SEC. 2 COVERAGE Funeral director supplying extras - sale and agency distinguished Ordinarily a funeral director supplies extra services as a principal and not as an agent either for the supplier of the service or commodity or for the estate. In the usual case, the director deals directly with the suppliers, obligating himself to pay for the services and commodities, taking title to the latter and then reselling both to the customer. In such an event, with the possible exemption of commodity items for which charges were separately stated during the base period, funeral directors may not pass on increased costs to the customers (section 11 of Ceiling Price Regulation 34, as amended). Furthermore, when a funeral director resells a commodity or service which was exempt when sold to him by the original supplier such an exemption does not extend to the resale of that commodity or service by the funeral director. Of course, there may be instances when the funeral director does act as agent for the supplier or the estate, in which event he may be entitled to his agent's fee from his principal. This presents no particular problem if in the base period he custom¬ arily acted as agent. In such case, he may, if he is an agent for the supplier, pass on the legal prices of his principal, the fee for his services then being paid by the supplier-principal; or he may, if he is the agent for the estate, charge the estate the legal price of the supplier plus his CPR 34 ceiling price for his services as an agent. He may also,even if in the base period he acted only as a principal for the supply of these services, supply these services as an agent. In that event, if the agency is for the supplier, the estate pays the supplier's legal price for the sup¬ plier's service, a component of which may be the agent's charges. If, however, under those circumstances, the agency is for the estate, the ceiling price he may charge the estate for the supply of these services plus his agency fee shall in no event exceed his base period ceiling prices as a principal supplier of these services. (5/16/52 No. 51) 85 Serv 32:202.16 INTERPRETATIONS CPR34, SEC. 2 ( COVERAGE Admission prices to automobile and livestock shows, basketball games and Boy Scout circuses - subject to CPR 34 Admission charges for automobile and livestock shows, basketball games and Boy Scout circuses are not exempt under section 14(d) of GCPR and are covered by CPR 34. (7/3/52 No. 17) ( FILE following 85 Serv 32:202.16 (8-1-52) 85 Serv 32:202.17 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Kiln-drying of lumber CPR 140 covers Northeastern White Pine lumber in all degrees of seasoning and all states of working. A seller of kiln-dried lumber may apply for a ceiling price under Section 4.1 of CPR 140. If he does not so apply, he must, for lumber kiln-dried to a moisture content of 17 per cent or less, use the air-dried lumber ceiling prices of CPR 140, and for lumber kiln-dried to a moisture content of more than 17 per cent, use the green lumber ceiling prices of CPR 140. If the lumber is sold green, and the kiln-drying is supplied as a separately re¬ quested service, then, because CPR 140 does not establish specific ceilings for kiln- dried lumber, the seller may charge thv ceilings for the green lumber under CPR 140 and may make a further charge for the -.rvices of kiln-drying under CPR 34. (6/18/52 No. 15) . :• • V ‘ ' . • - , « • • • • ' ' - ■ . ' • ■ • - ' ■ . ' r ' ' * ' « ■ ** ' ♦ - 85 Serv 32:202.19 FILE following 85 Serv 32:202.17 (8-6-52) ' INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Perpetual care of a burial lot—when subject to price regulation Perpetual care of a burial lot, if it is a covenant running with the deed of sale of the lot, is a price or rental of real property and is, therefore, exempt under DPA of 1950, as amended. Section 402(e)(i). On the other hand, if perpetual care is an independent covenant or a covenant in gross or a matter of separate contract, ‘it is subject to CPR 34. (8/28/51 No. 16) 85 Serv 32:202.20 INTERPRETATIONS CPR 84, Sec. 2 COVERAGE Towing service-^incidental to repair of motor vehicle t Service rendered by a company in providing towing service for disabled motor vehicles is not essentially a transportation service, but is merely incidental to the repair of the motor vehicle towed. The towing service, therefore, is subject to CPR 34. 8/21/51 No. 4 FILE following 85 Serv 32:202.20 (8-11-52) 85 Serv 32:202.21 INTERPRETATIONS CPR 34, SEC. 2 COVERAGE Cleaning pipeline refinery storage tanks and salvaging crude oil A company is engaged in the business throughout the oil states of cleaning pipeline refinery storage tanks and processing a by-product of such cleaning (BS&W) in an oil separating plant for the recovery of crude. The company has a permanent plant and three portable plants which are used to fulfill contracts at locations other than at the permanent plant. The company apparently enters into some six different types of contracts for its services. While the price terms of these contracts vary, it appears that these contracts relate to two types of services, namely, either the cleaning of pipeline refinery storage tanks without more or the cleaning of such tanks and the processing of BS&W for the recovery of crude. Contracts for cleaning of tanks only are made on a flat cash basis per tank or for BS&W removed from the tank with or without an additional fixed amount paid by the company to the buyer of the service. Contracts for both cleaning of tanks and recovering crude from BS&W removed from the tanks are made on the basis of the posted field price plus or minus a fixed amount per barrel of recovered crude and sometimes nlus a fixed amount per barrel of BS&W removed paid by the company. The cleaning of oil storage tanks is a service for which ceiling prices can be es¬ tablished under Section 5 of CPR 34. However, when the company sells the combined service of cleaning tanks and recovering crude from the BS&W removed from the tanks, this constitutes a second type of service for which ceiling prices would also be es¬ tablished under Section 5 of CPR 34. It appears from the price terms of the various contracts employed by the company that it sold the same service in the base period at the same time to different purchasers at different prices on an individual nego¬ tiated basis. Under Section 12(c) of CPR 34, each such customer constitutes a separ¬ ate class of purchaser. Although the principal place of business of the company is located within one district of OPS and it merely operates portable equipment outside the district, a filing by the company pursuant to the provisions of Section 18 of CPR 34 with the OPS district office in which the principal place of business is located is not sufficient. If the company both enters into and performs contracts for the cleaning of oil storage tanks outside this OPS district, then it is required to file its ceiling prices with the appropriate OPS district office in accordance with the pro¬ visions of Section 18(b) of CPR 34. (See Section 27(a)(1)) (SS-II-8) ' - I FILE following 85 Serv 32:202.21 (8-22-52) 85 Serv 32:202.23 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Photostatic work The question is posed whether photostatic work is a service or a manufacture. Many companies are engaged in photostatic and precision photostatic copy work. Customers bring the subject matter to them, but the companies supply all necessary material. Photostatic work does not fall within the definition of a manufacturer under section 47, CPR 22; but is considered to be the rendering of a service under CPR 34. GOR 8, Section 1 (a) (2) has no application to companies supplying such photostatic services. (12/28/51 No. 1) 85 Serv 32:202.24 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Parking lot—when operated by a concessionaire for a governmental agency If parking facilities are operated by a concessionaire for a municipality, charges therefor are subject to CPR 34. (2/25/52 No. 19) the FILE following 85 Serv 32:202.24 (8-22-52) 85 Serv 32:202.25 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Brand inspection fees for stockyards—when regulated by Department of Agriculture. Stockyards, if they are not regulated by the Department of Agriculture under the Packers and Stockyards Act, are controlled in respect to their Brand Inspection Fees by CPR 34; if so regulated, such services are exempt! under GOR 14, Section 3(a)(64) (i) • (2/20/52 No. 6) (I . . & " I FILE following 85 Serv 32:202.25 (8-27-52) 85 Serv 32:202.27 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Ambulance and hearse services The question posed is whether ambulance and hearse services are in the category of transportation by a contract carrier excluded from CPR 34 by Section 2(e)(1) and covered by GCPR. These services are not so excluded and are subject to CPR 34. (4/29/52 No. 5) * . FILE following 85 Serv 32:202.27 (8-28-52) 85 Serv 32:202.29 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Dental laboratories--processing and constructing oral prosthetics to specifications of dentists Dental laboratory services are covered by Ceiling Price Regulation 34. The processing and constructing of oral prosthetics when done to the specifications of dentists is considered to constitute services subject to the provisions of CPR 34. (2/25/52 No. 11) . c •- r I ■ - ' FILE following 85 Serv 32:202.29 (9-3-52) 85 Serv 32:202.31 INTERPRETATIONS CPR 34, SEC. 2 COVERAGE Admission charges for college sports event when staged by a profit organization, (see interps following GOR 14, Sec. 3(a)(21), page 85 Serv 61:203a.23. and GOR 14, Sec. 3(a)(109), page 85 Serv 61:203a. 24) FILE following 85 Serv 32:202.31 (9-4-52) 85 Serv 32:202.33 INTERPRETATIONS CPR 34, SEC. 2 COVERAGE Contract to deposit refuse on land The question presented is whether a contract to dump refuse on land is exempt as a real estate transaction or is subject to price regulation. 3 entered into a contract with A for the right to deposit in an excavated portion of certain land owned by A "clay, brickbats, earth, cinders, tile, rock, concrete, stone, rubbish, sand, industrial refuse, and other miscellaneous fill" for which B agreed to pay A a specified amount per cubic yard deposited. B permitted others to deposit debris on this land, and the question is whether B’s charges therefor are subject to price regulation, or whether they are exempt as a price or rental for real property under Section 402(e)(i) of the Defense Production Act of 1950, as amended. The charges are not prices or rentals for real property but charges for the privi¬ lege of depositing refuse on land. The land is not the real property of B, and its agreement with A is not a lease. It is a contract. Even if B had a lease or owned the property, however, its charges for the privilege of depositing refuse on the land would not be prices or rentals for real property. In this connection see GCPR Int. 36, Loose Leaf Service, 42 Reg. 11:203, that royalty payments for mining coal are not a price or rental for real property. (4/24/52 No. 11) « • FILE following 85 Serv 32:202.33 (9-15-52) 85 Serv 32:202. 35 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Line handling and mooring The Boatmen's Association is composed primarily of individual boatmen who do not perform transportation services, as such, but merely provide line handling and mooring services for deep sea vessels. The services performed by members of this association would not qualify as "maritime pilotage services supplied to ships and vessels" and, therefore, such services are not exempt under the provisions of GOR 14, Section 3(a)(78). More¬ over, such services, not being those of contract carriers, do not remain under G-CPR pursuant to section 2(e)(1) of CPR 34 but are subject to the latter regulation. (12/12/52 No. 10) . . 85 Serv 32:202.37 FILE following 85 Serv 32:202.35 (9-18-52) INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Included--contract logging Excluded--contract hauling of logs and lumber Contract logging services are covered by Ceiling Price Regulation 34. As regards contract hauling of logs and lumber, the rates charged for these services are con¬ trolled by the General Ceiling Price Regulation as indicated by Section 2(e)(1) of Ceiling Price Regulation 34. (6/27/51 No. 4) tioUBtu^h eoj fi ,n,:i ^ • FILE following 85 Serv 32:202.37 (9-26-52) 85 Serv 32:202.39 INTERPRETATIONS CPR 34, Sec. 2 TIRE DESKIDDING A service, covered by CPR 34 (see Interps. following GCPR, General, page 42 Reg 11:200.13) '•. 3 . - ' * - * 8 ■■• : - r ?r ~S : ; r:: ^'.v ; ■■ . ■ ■ -liVVS . ■■:■- ■ tr * • ■ . )<■. - :! .' •: “* V if 7 t i M . V- : > - f. * 1 ‘ 4 k; . ' * « ..M* vi'rfJT ' .■ ' . *. rO - ■ • - --m-' ....»• • . r - ■ • '!< .:; r .} ■ *f-s . ■ • ■ •... a -r *; » .-.r.. •• ■ --- - . y.j ' if : ■ ' * . i v.u;‘ ' :is; , ' -■jr.'fs: t'~~ ■ ■ ■■ . ■ ,:,3 . *: ‘ V. ” j• :: ?V a ‘ •• ■ ■ ■ ; : it'-' - ' • . ij- • ' •i ' ■ ‘ * •* '. ; • ■ -■ • • ■ •. ■ ' — « • • :■(=■' r -Vi ■ , r- ! ■ - ' ■■■ :■ ■■■■• ■ : : ... - • .**•■ . r v : . - ■ : : IV ?X ■ :: . • • ..... - ~ • ■ • r ' »*• . •. »j • T ‘ * -r. : . f. ! Lv;" .. -- :>rv. FILE following 85 Serv 32:202.39 (10-9-52) 85 Serv 32:202.41 INTERPRETATIONS CPR 34, Sec. 2 CONCESSIONAIRE AT STATE FAIR Admission charges subject to CPR 34 though proceeds inure to State fund (see Interps. following GOR 14, Sec. 3 (a)(89), page 85 Serv 61:203a.33) » i .89fc,«*3 > : * FILE following 85 Serv 32:202.41 (10-10-52) 85 Serv 32:202.43 INTERPRETATIONS CPR 34, Sec. 2 WARRANTY Distinguished from insurance The question posed is whether an optional warranty against chipping, cracking, or peeling of felt base rugs is insurance within the purview of that term, as used in Section 14(e) of GCPR. (the same exemption is contained in Section 402(e)(iv) of the Defense Production Act of 1950, as amended.) The seller seeks to make a $1.00 charge for a warranty covering a 5 year period. Section 14(e) of GCPR exempts "rates charged by any person in the business of selling or underwriting insurance." It can hardly be said that a seller of rugs is in the business of selling insurance when he warrants the serviceability of the commodi¬ ties he sells. In such a case the seller merely undertakes to indemnify a purchaser of his commodity against defects in it or against its failure to perform as he has represented it. The warrantor is in the business of selling commodities and gives a warranty only in conjunction with the sale of such commodities. An insurer indemni¬ fies the insured against the occurrence of an event or events which are in no way connected with or within the control of the insurer. In such case, the insurer is engaged in the business of selling insurance. A warranty is considered to be a serv¬ ice for the purposes of price control and is subject to CPR 34. (7-8-52 No. 27) ‘ V. , r. A ; : ' : . . i .-V :’rv- r . , • . : . SO' . ; • ’ • • ' i ■ ' • ' . * - r-. ' * • . \ i /! } ■ •' \, i .■ ■ > . . c. - ;*-'■< ' ■ : ’ 1 ■ ' . . j •: - A • * . - ■ : , _ '* , • v ' * V ' A ~ . ;< ■ ■. t ■ . • ' - » ' • • • < ; • ; ‘£- T ' . t * FILE following 85 Serv 32:202.43 (10-23-52) (REPLACES prior 85 Serv 32:202.45) 85 Serv 32:202.45 INTERPRETATIONS \ CPR 34, Sec. 2 COVERAGE Certain services in connection with printing and paper products (see Interps. following GOR 8, Section 1(a), page 75 For 91:201a. 11 rt a -■ ' ■ ■ ■ ' \ • . r * 1.I .• - ' ■ » nmfcH .filO ...'■; 10* /*q t b)I FILE following 85 Serv 32:202.45 (10-24-52) 85 Serv 32:202.47 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Grinding of optical lenses to individual prescription Independent wholesalers of optical lenses who grind the optical lens blank to in¬ dividual prescription, have inquired as to what regulation covers their operations. Such sales are under Ceiling Price Regulation 34, the Services Regulation. Where however, wholesale opticians and optical companies manufacture lenses in quantity without prescription the sales are covered by Ceiling Price Regulation 22, the Manu¬ facturers’ General Ceiling Price Regulation. (9-30-52 No. 9) ■ • • FILE following 85 Serv 32:202.47 (11-7-52) 85 Serv 32:202.49 INTERPRETATIONS CPR 34, Sec. 2 DUES AND ASSESSMENTS Services of a credit organization - when covered Generally, dues charged by a credit organization for services which consist solely of the dissemination of general credit information are not subject to price sta¬ bilization pursuant to GOR 8, Sec. 1(a)(2). Service charges, however, which include the yearly dues of an association which has as members various commercial firms, are subject to the provisions of CPR 34, if for such charges specific credit information is furnished to members in addition to general credit information. Furthermore, per report charges for special services are subject to CPR 34. The furnishing of a specific credit report is considered to be the supplying of a service and not the sale of a commodity or a service rendered in connection with the sale of a commodity. Consequently, GOR 8 Sec. 1(a)(2) has no application to the supplying of such credit reports. (8-8-51 No. 5) ICXpl tib; . 0*3 8 .b;‘ roqsr y. *'it. rfoi/B o $a:^rqqus FILE following 85 Serv 32:202.49 (11-13-52) 85 Serv 32:202.51 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Ambulance service, when included In determining whether rates charged by a company offering ambulance service are exempt from price control under the common carrier exemption contained in section 402(e)(v) of the Act, and section 14(f), GCPR, the test is whether such company is under a legal obligation to hold itself out to serve upon reasonable demand such part of the public as needs its services at fixed, uniform and nondiscriminatory rates. If these conditions are not satisfied, the company is not regarded as a common carrier. Under such circumstances, its rates for ambulance services would be covered by CPR 34, since the principal service being sold is not the transportation service, but rather the medical or quasi-medical attention which is furnished to the person being carried. (11-12-52 No. 1) * FILE following 85 Serv 32:202.51 (11-17-52) 85 Serv 32:202.53 INTE RPRE TATIONS CPR 34, Sec. 2 COVERAGE Consignee - renders a selling service Under the following circumstances a manufacturer of fertilizer is the seller under GCPR, Sec. 22 and the merchant is a consignee whose services are covered by CPR 34 and who is required therefore to maintain records under Sec. 18. The manufacturer pays all transportation and other charges in connection with placing the fertilizer in the local merchant's storage facilities. The manu¬ facturer retains title to the fertilizer. The merchant agrees to sell the fertilizer. When it is sold he is required to pay the manufacturer a stipulated price per sack or per ton. The manufacturer suggests the price at which the merchant should sell the fertilizer. This price, of course, includes the amount to be received by the manufacturer and a margin of profit for the merchant. However the merchant is not bound to charge the suggested price, but may charge more or less. The manufacturer may pick up any fertilizer left unsold at the end of the season or may leave it in storage with the merchant. In some instances the manufacturer pays the merchant storage on any fertilizer left with the merchant after the end of the season. The reason for these conclusions is that at no time does the merchant have any ownership interest in the fertilizer. He does not buy the fertilizer for resale; rather he merely renders selling services to the manufacturer which services functionally fall within the definition of services in CPR 34, Sec. 27(a)(17). (10/31/52, No. 2) • v a mmm . . ■ FILE following 85 Serv 32:202. 53 (11-28-52) 85 Serv 32:202. 55 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Boat storage - when included OPS has received an inquiry whether the charges of shipyard for the storage of boats are exempt as rentals for real property under section 14(a) of the GCPR or whether such storage is a service covered by CPR 34. In the case that has been presented the storage operation includes bringing the boat from the water into a shed and placing the boat in a cradle but no particular space is assigned to any particular owner. In Carothers et al v. Bowles, 148 F. 2d 554, decided by the United States Emergency Court of Appeals under the Emergency Price Control Act of 1942, certiorari denied 65 S. Ct. 1556, which involved a "park and lock rental plan" for automobiles, the court in determining that an automobile storage service was being rendered, rather than real property being rented, said: "Whether such an operation involves the providing of storage service subject to the regulatory control of the administrator depends upon whether there are present at least some of the incidents which customarily go to make up automobile storage service. Among these may be the grading, paving, lighting and cleaning of the parking lot and the marking upon it of suitable spaces for the parking of cars, as well as the supplying of an attendant." In the case presented, moving the boat out of the water and placing it in a cradle, with the right in the proprietor to move the boat within the shed at any time, are incidents of a storage service. On these facts, the shipyard is rendering a storage service under CPR 34, and is not renting real property under section 402(e)(i) of the Defense Production Act of 1950, as amended or section 14(a) of the GCPR. Further de¬ velopment of the facts may disclose additional incidents of a storage service. This interpretation is supported by the interpretation of section 402(e)(i) of the Defense Production Act of 1950, as amended, reported in the OPS Loose Leaf Service at 85 Serv 32:218.3, and the Report and Recommendation of the Board of Review In the Matter of The Avenue Company, Protestant, which was adopted as the opinion of the Director in the order dated March 26, 1952, denying the protest in that case, and which is reported in the OPS Loose Leaf Service at 201 OP 131, OPS - 20. (11/7/52 No. 10) * ( ^ IM H - FILE following 85 Serv 32:202.55 (12-1-52) 85 Serv 32:202.57 INTERPRETATIONS CPR 34, Sec. 2 COOPERATIVE ASSOCIATIONS AND CORPORATIONS When ’’dues” and ’’membership fees” are subject to control Questions have been raised as to the price control status of services rendered by cooperative associations to their members and whether the rule is different if the person rendering the service is a corporation. OPS has the authority to fix ceilings on charges made by associations where they sell or deliver services. Section 402(b)(2) of the Defense Production Act of 1950, as amended authorizes the establishment of "ceilings on the price, rental, commis¬ sion, margin, rate, fee, charge or allowance paid or received on the sale or delivery, or the purchase or receipt, by or to any person, of any material of service." Section 702(a) of the Act defines the term "person" as used in section 402(b)(2) as including an "association, or any other organized group of persons." It must be decided, however, in the case of a transaction between an association and its member whether a charge is made for sale or delivery of a service. The re¬ lationship between an association and a member usually involves certain payments. The Chief Counsel has ruled that where a payment is made by the member to the asso¬ ciation for a specific commodity or service, there is a sale or delivery and the transaction is subject to price control. On the other hand, if the payments to the association are general dues or membership fees the payments are not for the sale or delivery of a specific commodity or service and therefore are not within the scope of price control. In White v. Winchester Cc Hry Club , 315 U.S. 32, 41 (1942) the U.S. Supreme Court makes the distinction bee o-en such membership dues and payments for specific commodities or services as follows: "Consideration of the nature of club activity is a necessary preliminary to the formulation of a test of what constitutes a 'due or membership fee.' So far as finances go, the fundamental notion of club activity is that opera¬ tions expenses are shared without insistence upon equivalence between the proportion of an individual's contribution and the proportion of the benefits he receives. Thus, on the one hand, payment of the price of an individual dinner at the club dining room or of a single round of golf lacks the element of making common cause inherent in the club activity. But, on the other hand, payment for the right to repeated and general use of a common club facility for an appreciable period of time has that element and amounts to a 'due or membership fee' if the payment is not fixed by each occasion of actual use." Ordinarily, "sale" or "delivery" involve an Individual transaction for a specific material or service by the buyer and seller with a specific price being paid. In paying "dues" or "membership fees" the member of the association does not contract to purchase a particular service. He need not even avail himself or any service if he does not choose. Accordingly, in determining whether a transaction between asso¬ ciation and member is subject to price control the following criteria would be applicable generally: a. If the charge is for a right to repeated and general use of a common facility for an appreciable period of time, it is strictly for "dues" or "membership fees" and is, therefore, not for a "sale" even under broad construction of that term; 85 Serv 32:202.58 b. If the charge is for a service fixed by each occasion of actual use, even though it is called "dues", then OPS may regulate such charge. With respect to services rendered by a "corporation”, many cooperative associations have some of the attributes usually associated with a corporation in that they may be chartered under legislative authority and may issue stock to their members. However, in the case of a true corporation, as distinguished from a cooperative, there is seldom if ever a payment of "dues" or "membership fees" to the corporation. It is difficult to conceive of a situation where we do not have the authority to impose price control on charges for the rendering of services by corporations if the tests discussed above are applied. (10/24/52, No. 6) FILE following 85 Serv 32:202. 58 (12-11-52) 85 Serv 32:202. 60 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Repair service on used automatic temperature controls (See Interps. following GCPR, Sec. 1, page 42 Reg 11:201.21) » « . .... . - FILE following 85 Serv 32:202. 59 (1-15-53) 85 Serv 32:202.61 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Towing services rendered to municipality included A company is employed by a municipality to tow away illegally parked cars, which are then impounded until the towing costs are paid by the owner. It is suggested that such services are in connection with the exercise of the muni¬ cipality’s police power and are therefore exempt. Neither the Defense Production Act of 1950, as amended, nor any OPS regulation exempts services sold to a municipality even though they are used in the exercise of its police power. It follows that the seller's services are covered by CPR 34. (12-19-52 No. 11) - . FILE following 85 Serv 32:202.61 (l-26-'53) 85 Serv 32:202.63 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE -Repair and maintenance services on commercial refrigerators of plug-in type, included. A question has arisen whether repair and maintenance services on commercial re¬ frigerators of the "plug-in" type are covered by CPR 93 or by CPR 34. Such services are covered by CPR 34, the general services regulation (sec.2), and they are not covered by the relevant specific price regulation, CPR 93, which deals with "construction and related services and sales of installed materials." Section 3 of CPR 93 sets forth among "transactions not covered" by the regula¬ tion the following: "(b) Appliances - retail sales and services, (l) The separate installed sale of appliances such as domestic refrigerators, ...for which the cost of the required installation service is only incidental; (2) repair and maintenance services on these appliances." Commercial refrigerators of the "plug-in" type are appliances for which the cost of the required installation service is only incidental and thus repair and maintenance services on such commercial refrigerators are excluded from CPR 93 and remain subject to CPR 34. (12/16/52-No. 5) * * ■ el ■ * FILE following 85 Serv 32:202.63 (2-5-53) 85 Serv 32:202.65 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Service vending machine operation, included (See Interps following CPR 34, sec 13 (a), page 85 Serv 32:213a. 3). « FILE following 85 Serv 32:202. 65 (2-17-53) 85 Serv 32:202. 67 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Employer functions, not included (See Interps. following CPR 34, Section 27(a)(17), page 85 Serv 32:227a. 7) i - • • • , t ivi : ,) • • > ■4 . •v : • ' i: ■ ' . ; ‘ v . *•>’ :* < . ... * ■■ * • •* ri h. • . • .-i. ': ... * ~ . ;r • . ; '■ „ V . , . •'» . • ‘ •' . . - . .< ” vr - V • * FILE following 85 Serv 32:202.69 (3-24-53) 85 Serv 32:202.71 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Rental of aircraft as a service subject to CPR 34 (See Interps. following GOR 14, Sec. 3(a)(89), page 85 Serv 61:203a.45). ' . : : FILE following 85 Serv 32:202.07 (3-13-53) 85 Serv 32:202.60 INTERPRETATIONS CPR 34, Sec. 2 COVERAGE Engineering and artistic advice furnished free when the commodity is not purchased, not included A manufacturer of store fixture equipment, who sells directly to merchants, also furnishes engineering and artistic advice with respect to such equipment, for which advice the manufacturer does not charge in the event that the merchant does not buy the fixtures suggested for him. Such advice is deemed to be an incidental service running with the sale of the commodity and does not fall within the coverage of CPR 34. (7-14-52 No. 8). - - ■ t;. I , >—/ > , . M* .■/>*■ • . •>.?. ■ -•) • r -. 4 • •» ' *w . ■■ *t' ,i b9%*(wUt ■ iai)> fry •• '} ■ • \s~- •> •>. • .. V' •. .... ■ •; ••. ;*•«>■» V } FILE following 85 Serv 32:205.1 (7-14-52) 85 Serv 32:205.3 INTERPRETATIONS CPR 34, Sec. 5 CONTINUED USE OF CPR 34 PRICES Reporting requirements explained TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 93, Interpretation 181 CPR 93 —Construction and Related Services and Sales of Installed Materials INT. 18-CONTINUED USE OF CPR 34 PRICES (SECTION 5) Section 5 (a) of CPR 93 permits a seller of construction services to con¬ tinue to determine his ceiling prices for sales of those services under CPR 34 if his (higher) ceiling prices have been properly reported pursuant to CPR 34. A seller who desires to continue to use prices determined under CPR 34, must, among other things: (a) Have filed the appropriate re¬ ports of CPR 34 ceiling prices with the proper district office of OPS. (b) Have filed reports required by CPR 34 on or before the dates required by that regulation and before November 20, 1951 the effective date of CPR 93, for construction services which he desires to continue pricing under CPR 34. Unless the reports were filed prior to the appli¬ cable date, the seller may not retain his ceiling prices for such construction services under CPR 34. (c) Have filed the reports required by section 32 of CPR 93. A seller who un¬ der section 5 of CPR 93 is accorded a right to continue pricing some construc¬ tion services under CPR 34 may subse¬ quently change to CPR 93 ceiling prices for such services. However, once he has put into effect prices under CPR 93 for such services he may not subsequently revert back to CPR 34 ceiling prices. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Herbert N. Maletz, Chief Counsel, Office of Price Stabilization. July 11, 1952. (17 F. R 6266, July 12, 1952) >■ - i 1 rfC-.i'S',- • >V * (I > :. . ‘ ' • " . •.<’•. ... ,■ • • • ■ -■ ‘ ' • J . , .5 i ■ - • *>. - ■ V ■ .A. » • ■ • *\ ' ■’ ' • . . » -• ; . - - * v<, . ... v m FILE following 85 Serv 32:205.3 (9-15-52) 85 Serv 32:205. 5 INTERPRETATIONS CPR 34, Sec. 5 CHECKMASTER BANKING PLAN Improved method of supplying a base period service (see Interps. following CPR, Section 6, page 85 Serv 32:206.3) FILE following 85 Serv 32:205.5 (9-17-52) INTERPRETATIONS CPR 34, Sec. 5 DRY CLEANING BY DIFFERENT METHOD Same service as in base period (see Interps. following CPR 34, 85 Serv 32:206.5) 85 Serv 32:205.7 Section 6, page 85 Serv 32:205.9 FILE following 85 Serv 32:205.7 (9-18-52) INTERPRETATIONS CPR 34, Sec. 5 PARKING LOT Time schedule changes must not result in decreased service The inquiry is whether a parking lot may change its hours or periods of parking time available to patrons for a particular fee. The present schedule rates 1 are (l) 7 A.M. to 7 P.M.$0.75 and (2) 7 P.M. to 7 A.M.. . .$0.75; and a change is requested as follows: (1) 3 A.M. to 6 P.M.$0.75, (2) 6 P.M. to 8 A.M.$0.75. It is stated that the change sought will give at least the same service to the same class of purchasers as was supplied during the base period at the same price and that there would be no objection to the proposed change of time schedule. The requested change could result in depriving certain day customers of parking spaces between 7 and 8 a.m. due to the extension of the night parking time to 8 a.m. and those day parkers who did not customarily pick up their cars until 7 p.m. would have to pay an extra $0.75 for parking from 6 to 7 p.m. each day. The company may vary its time schedule so as to give extra benefits to its night parkers, provided it does not deprive day parkers of available space at the usual time at which they are accustomed to park. The company may not, however, vary its schedule to such an extent that some parkers may be required to pay an increased price as, for example, if they remained on the lot until 7 p.m. (3/11/52 No. 14) - FILE following 85 Serv 32:205.9 (10-3-52) 85 Serv 32:205.11 INTERPRETATIONS CPR 34, Sec. 5 CAR WASHING 1. By new car washers 2. Application of Sec. 5 and other sections explained A company advises that it operates a chain of service stations; that one of the many services offered by units of the company to motorists is car washing; that the car washing is performed for the company by local car washers who have the necessary facilities and with whom the individual units have made local arrangements; that each unit has customarily charged their customers the exact retail price charged them by the local car washers although in many cases the local car washer gives the company unit a small discount. In addition, the company states that pursuant to the provisions of Ceiling Price Regulation 34, as amended, each unit established as their ceiling prices for car washing and incidental services the ceiling prices of the individual car washer whose serv¬ ices they utilized during the base period, December 19, 1950 to January 25, 1951, inclusive; and that whenever a new unit opened, that unit established a ceiling price for car washing under section 5 (a)(3) by adopting the ceiling prices of the car washer with whom arrangements had been made. As a result of this situation many units, when compelled to change car washers, are confronted with the problem of whether, under Ceiling Price Regulation 34, they can ad¬ just their ceiling price for car washing to the price charged them by the new car washer whose prices may not be the same as those of his predecessor. The company is of the opinion that it should be permitted to adopt the price schedule of the new car washer as its price schedule and further contends that the new car washers do not offer services which are identical to those previ¬ ously offered so that, in effect, a new service is being offered for which a new ceiling price should be established under section 5 (a)(3) of Ceiling Price Regulation 34 if the new car washer has a different price schedule than his predecessor. Section 5 of Ceiling Price Regulation 34 provides that a seller’s ceiling price for any service he supplied or offered to supply during the base period is the highest price which he charged a purchaser of the same class for the same service during that time. Section 5(a)(3) of Ceiling Price Regulation 34 which authorizes a seller to establish as his ceiling price for a service the highest price which his closest competitor charged a purchaser of the same class for the same service is applicable only to services which the seller did not supply or offer to supply during the base period but which he did supply prior to the effective date of the regulation. Therefore, section 5 (a)(3) of Ceiling Price Regulation 34 applies only to those company stations which did not supply or offer to supply a car washing during the base period. However, any company station that first supplied a car washing service subsequent to the effective date of Ceiling Price Regulation 34 must establish a ceiling price therefor under section 6 of that regulation. If any unit has been com¬ pelled to change car washers, and the new car washer charges a higher price than his predecessor, the station is still limited to the schedule of charges established by that station for car washing services during the base period. As for the contention that the new car washer supplies a new service, it is the opinion of this, office that the service is still car washing and unless there is a basic difference in the service rendered, it cannot be considered 85 Serv 32:205.12 a new service. In addition, even if the service could be considered new be¬ cause of a basic difference, section 12 (e) of Ceiling Price Regulation 34 provides that although you may discontinue supplying a service which you sup¬ plied during the base period, you may not substitute in its place a higher priced service which achieves substantially the same purpose as the discon¬ tinued service. However, it is important to note if the ceiling prices of any unit impair the normal earnings of that unit measured by a representative pre-Korean period to such an extent that the effective operation of the business is threatened, that unit may apply for an adjustment in its ceiling prices under section 20(a) of Ceiling Price Regulation 34. Section 13 (c) of Ceiling Price Regulation 34 should also be noted in that it provides for the establishment of ceiling prices for sellers operating more than one selling unit who open a new unit after January 25, 1951. In that case, the new unit is required to establish ceiling prices under section 7 of Ceiling Price Regulation 34. (9-25-52 No. 14) FILE following 85 Serv 32:205.12 (1-15-53) 85 Serv 32:205.13 INTERPRETATIONS CPR 34, Sec. 5 CLASS OF PURCHASER Discount purchaser separately classified NOTIFICATION OF PRICE INCREASE TO OCCUR AFTER BASE PERIOD Without effect in determining ceiling price (Seelnterps. following GCPR, Sec. 22, page 42 Reg 11:222.25) , >1 • / : JT? SP- lOO ■ ■■ , ' FILE following 85 Serv 32:205.13 (1-27-53) 85 Serv 32:205.15 INTERPRETATIONS CPR 34, Sec. 5 SAME SERVICE Parking on open roof same service as parking on ground; (see Interps following CPR 34, Sec. 6, page 85 Serv 32:206.11) FILE following 85 Serv 32:205.3 (8-27-52) 85 Serv 32:206.1 INTERPRETATIONS CPR 34, Sec. 6 NEW SELLER Acquisition of parking lot—when operator is new seller and not transferee. [ See Interps. following CPR 34, Section 13(a), page 85 Serv 32:213a. 11 1 1 . * . . r • V FILE following 85 Serv 32:206. 1 (9-15-52) 85 Serv 32:206. 3 INTERPRETATIONS CPR 34, Sec. 6 CHECKMASTER BANKING PLAN Not a new service A bank using the Checkmaster Plan for the first time is not offering a new service but merely an improved method of offering a service supplied during the base period and Section 5 of CPR 34 applies. Accordingly, Section 6 is not applicable. (3/11/52 No. 13) FILE following 85 Serv 32:206.3 (9-17-52) 85 Serv 32:206.5 INTERPRETATIONS CPR 34, Sec. 6 DRY CLEANING BY DIFFERENT PROCESS Not a new service where results are unchanged The question is presented as to whether a new service is being sold by a dry cleaner who was in business during the base period and has since commenced to use the Sanitone process. This is a copywrited cleaning process under which licensees use a specified soap and other procedures prescribed by the licensor. A seller contends that the "Sanitone Process" results in a new and superior service. He asserts that garments cleaned by this method are free of all dirt, grime, and foreign matter; that Sanitone, unlike other processes, restores colors; is free of odors as when petroleum solvents are used; prevents fabric deterioration and seam breaks; and that the garments hold their press for a longer period. Furthermore Sanitone pro¬ cessors mend even those rips and tears that are present when the garment is brought in for dry cleaning, and, it is said, that only they can buy moth damage insurance. The seller's assertions have been considered and found to lack substance. As to freedom from dirt, it need only be noted that spotting and wet cleaning are still necessary; that proper cleaning, in any case, leaves garments odorless and with colors restored, except in the case of faded or- worn garments; that mending service to the same degree is furnished by other reputable cleaners; and that, except for accidental tears, which can occur in the Sanitone Process as in other types of clean¬ ing, deterioration and seam breakage are due to inferior manufacture and cloth rather than to the cleaning process used. Finally, the length of time a garment hold? its press depends on the pressing itself and the habits of the wearer. If the argument be accepted that a cleaner garment results, any increased cost in¬ volved in the use of Sanitone Process soap would be counterbalanced by a decrease in the amount of spotting and wet cleaning. In addition, there are cleaning methods that use equipment involving a capital expenditure several times as great as in the Sani¬ tone Process, yet such services are priced competitively. In view of the foregoing it is to be concluded that the Sanitone Process is in fact merely a different method of performing the service • rendered in the base neriod and is not a new service. (8/11/52 No. 31) . ■ ■ ■ 'I \ ‘ FILE following 85 Serv 32:206. 5 (9-19-52) 85 Serv 32:206.7 INTERPRETATIONS CPR 34, Sec. 6 PIGEON HOLE PARKING LOTS Selection ui most ciosexy competitive seller A pigeon hole parking lot is a building so constructed that cars are parked auto¬ matically by machinery, thereby eliminating entirely the handling of the car by a driver both in the service of parking it and in removing it from its parking space. This kind of parking service tends to prevent rough handling in the parking lot. The operator of a new pigeon hold parking lot must establish his ceiling prices in accordance with Section 6. If there is no competitive pigeon hole parking lot, he should establish his prices on the basis of those of the closest structural parking establishment providing parking service to the same class of purchaser. (3/24/52 No 8) V . ' • . ' • ■ * j FILE following 85 Serv 32:206.7 (10-3-5^) 85 Serv 32:206. 9 INTERPRETATIONS CPR 34, Sec. 6 CAR WASHING Application of Sec. 6 and other sections explained (see Interps. following CPR 34, Sec. 5, page 85 Serv 32:205.11) FILE following 85 Serv 32:206.9 (1-27-53) 85 Serv 32:206. 11 INTERPRETATIONS CPR 34, Sec. 6 NEW SERVICE Indoor parking different service than outdoor parking A parking lot operator seeks to establish ceiling prices under section 6 of CPR 34 for a new parking service under the following facts. For some time the seller operated an open parking lot on ground below the street level. There has now been built on this same location an enclosed concrete one level garage type building, the roof of which is on a level with the street and is to be used for the open parking of cars. The operator states he intends to park cars in the enclosed structure and also on the exposed roof. He requests, for the roof parking, a price which would be higher than that previously charged for the ground parking and a still higher price for the enclosed parking. The question presented is whether the applicant has discontinued an old service and instituted a new service achieving the same general purpose at a higher price, and if so, whether he has met the conditions of section 12(e) of CPR 34. It is the opinion of OPS that the service rendered in parking cars on the open roof is substantially similar to the service previously rendered; that therefore, he has not discontinued his old service but now will supply in addition the en¬ closed garage type parking service offered by his lower level. Further, it is the opinion of OPS that if it were to be found that the question fell within the purview of section 12(e) of CPR 34, the applicant could not meet the conditions of that section whereby an old service could be discontinued and a new higher priced service instituted. The operator may establish ceiling prices for his enclosed parking services as new services under section 6 of CPR 34, but he must maintain his old ceiling prices for cars parked on the roof of the structure. In reaching this conclusion OPS has taken into consideration that the new structure provides a concrete floor, wash and waiting room, and additional ingress and egress facilities. (12-29-52 No. 4) FILE following 85 Serv 32:206. 11 (2-5-53) 85 Serv 32:206.13 INTE RPRE TATIONS CPR 34, Sec. 6 NEW SELLER Service vending machine operator, when so classified (See Interps following CPR 34, sec 13 (a), page 85 Serv 32:213a. 3). . * ; • Z V A ■ ' •• ■ • r , • : . \ - , ; , FILE following 85 Serv 32:206.9 (10-3-52) 85 Serv 32:206c. 1 INTERPRETATIONS CPR 34, Sec. 6(c) ENTERTAINMENT AS A NEW FEATURE Section 6(c) not applicable for granting higher prices because of entertainment An operator of a small eating and drinking establishment proposes to in¬ crease his ceiling prices for food and beverages sold at certain times of the day in order to recover the cost of entertainment which he now proposes to offer during those hours. The operator has not previously offered entertainment in his establishment and does not wish to institute an entertainment charge as provided in Section 14 but wants to increase his ceiling prices for meals, food items or beverages sold during those hours. The operator is of the opinion that his customers would object to paying a cover or entertainment charge but would not object to paying a little extra for a drink during entertainment hours on certain nights of the week. It was suggested that the operator could apply under Section 6(c) for an increase in his ceiling prices for food or beverage items offered for sale during a particular time of the day never before offered. The proposed increase would be measured by the cost of the entertainment. Section 6(c) is not designed for the purpose of increasing ceiling prices of food or beverage items because they are offered for sale at times of the day not offered during the freeze week. Section 6(c) would be applicable in this case only if the operator offers, during entertainment hours, a particular meal, food item or beverage which he had not offered during the period from April 1, 1951, through February 9, 1952, and for which he is unable to estab¬ lish a ceiling price under the other paragraphs of Section 6. In most cases, the ceiling price of a new item is fixed in accordance with Section 6(b)(2) and the cost of entertainment, which is being offered during the hours when the new item is offered, is not taken into account in fixing the ceiling price for that item. A ham sandwich or a beer which is offered before 9 o’clock and has a ceiling price fixed under Section 6(a), is not a new food item or beverage because it is served after 9 o’clock when entertainment is offered. It is only when the operator during the freeze week charged a higher price for any meal, food item or beverage by reason of its being offered at a particular time of the day that the operator would have different ceiling prices for the same food or beverage items. It does not appear that this type of situation occurred in this particular case. The procedure for recovering the cost of entertainment which the operator now wishes to offer is set forth in Section 14 and the pro¬ visions of Section 6(c) are not interchangeable with that section. Furthermore, there is no procedure available in Section 6(c) as in Section 14 for the re¬ duction of ceiling prices fixed under that section when the entertainment for which the increased ceiling prices are granted is no longer offered. (8-8-52 No. 15) 4 4 4 FILE following 85 Serv 32:205.1 (7-3-52) 85 Serv 32:208a. 1 INTERPRETATIONS C PR 34, SEC 8(a) SEASONAL PRICE VARIATIONS Parking lot operator must maintain A parking lot operator cutomarily charges a higher price during the Christmas season than he did during the balance of the year; the result was that the Christmas season price charged during part of the base period was the highest price charged during such period. However, under section 8(a) the seller's price for the balance of the year must reflect his customary seasonal differentials. (5/9/52 #8) - ' • ' r V -- —. ■it. • - . - w ' -■ FILE following 85 Serv 32:208a. 1 (7-25-52) 85 Serv 32:208b. 1 INTERPRETATIONS CPR 34, Sec. 8(b) CEILING PRICES FOR PHOTO-FLASH SERVICES RENDERED FOR RACE TRACKS Photo-flash services rendered for race tracks are seasonal in nature and with re¬ spect to those classes and categories of services not supplied in the base period. Sec. 8(b) rather than Section 12 would apply. Under Section 8, the company would be limited to the applicable table percentage in subparagraph (c)(1) thereof. (8/21/51 No. 15) c'”OS:SC VioS 38 (S3-3S-V) t.e'89S:SE V»«8 58 sniwotfcrt’ajiK (cf]?8 .338 «>E HQO x H3 A J3r0T0.H9 T03 330!-.I<1 0UIJI33 S3.QAHT aOAH 303 !3H3a>I5tH 83DTVH38 * -S' rfvfiw fc ' &*:,#£? al Ia/I0BB«8 stb atfsu'iJ sojst 10I b^etnsrr asobvrsa ri&flIl-od‘orf t l t b ;i‘ieq ■ :;-cf eriJ- ul bsxCuqj ? tori’ astftVifi&lo ssitoaeijeo bcut 3&eauXo fisodl ot tosq« ju. bi ■ >v v'.: %_ * Si •. ' ■( ■ FILE following 85 Serv 32:212.1 (8-11-52) 85 Serv 32:212.3 INTERPRETATIONS CPR 34, SEC. 12 CLASS OF PURCHASER Where base period price negotiated on individual basis (see Interps. following CPR 34, Sec. 2, page 85 Serv 32:202.21) I I ! Hw&msm to 38 ajo (rs sos-.n v *>s so «*«, ,s .bsa m mu ■ FILE following 85 Serv 32:212.3 (10-17-52) 85 Serv 32:212a. 1 INTERPRETATIONS CPR 34, Sec. 12(a) (2) CUSTOMARY CLASS OF PURCHASER DIFFERENTIALS Restoration - when permitted for bowling alleys The question posed is whether league bowling prices which, during the base period re¬ mained fixed under contracts, may be increased to maintain the customary price differential between league and open bowling, the latter having been increased during the base period. If the price of open bowling was increased generally to individual bowlers during the base period, the proprietor may increase his league price accordingly under Section 12(a)(2) of the CPR 34, keeping the same differential between open and league bowling, and retaining any base period rebates, provided that the fees for league bowlers were not increased during the base period because of a legal obligation of the proprietor under a contract made before the price increase generally applicable to individual bowlers. This regulation does not require that the contract be in writing although if in writing the existence of the contract is more clearly evidenced. (3/7/52 No. 13) ■>*'»- /. u * ... . . • ■. • - • • ■ . V • ■ ■Will . J DJ. :> FILE following 85 Serv 32:212a. 1 (10-22-52) 85 Serv 32:212a. 3 INTERPRETATIONS CPR 34, Sec. 12(a)(2) CUSTOMARY CLASS OF PURCHASER DIFFERENTIALS Pre-existing contracts must apply to all members of class Section 12(a) of CPR 34 deals with the situation where a seller had in effect during the base period an increase in his prices for a service to his classes of purchasers generally, but did not supply the service to a partic lar class at the increased price during the base period. In such a situation, if the service was in fact supplied to that particular class during the base period, subsequent to the general price increase, at the old low price, sec¬ tion 12(a)(2) relief is available only if it appears that any and all deliv¬ eries of the service to purchasers of that class at the lower price resulted from the fact that the seller was bound to make such delivery at the lower price under a contract executed prior to the general price increase. Section 12(a)(2) may not be used to establish the price increase for such a class if deliveries were made to members of that class at the old low rate even in cases where the seller was not legally bound to deliver at such lower price under pre-existing contracts. The fact that the existence of binding con¬ tracts compelling delivery to some members of the class at the old rate motivated the business decision to continue the lower price simultaneously to other members of the class as to whom no such binding contract existed, does not satisfy the conditions set forth in section 12(a)(2). (10/8/52 No. 12) .■as si' « d s.-J =u." to* ;iC tail’ r? Iff:* t-fctt :»■■ ' rv © & r.'•. ‘ .to ", to 1 9 i'iq . _ bio ' '■ -1 ' t< "S' -*f , •- Jb ' I r . t 1 • - ■" ■• ■ ■* ' ■ -■ II r> ■: FILE following 85 Serv 32:212a. 3 (1-15-53) 85 Serv 32:212c. 1 INTERPRETATIONS CPR 34, Sec. 12(c) CLASS OF PURCHASER Discount purchasers separately classified (see Interps. following GCPR, Sec. 22, page 42 Reg 11:222.25) I * - ■ FILE following 85 Serv 32:212.3 (9-4-52) 85 Serv 32:212e. 1 INTERPRETATIONS CPR 34, SEC. 12(e) SERVICES Discontinuance of free services The subject company had a base period practice of cashing checks for its customers free of charge. Recently it instituted a new system under which it made a charge of 10£ for cashing each check. The person whose check was cashed, however, received a 10 £ merchandise credit slip. The introduction of such a practice would not be permitted under section 5 or section 12(e) of CPR 34 inasmuch as requiring the customer to purchase a 10£ merchandise credit stamp in return for having his check cashed results in an indirect- charge for the same service which was supplied free of charge during the base period. Moreover the subject company cannot, because of the unusual nature of the service, qualify as the seller of a new service under section 7 of CPR 34 inasmuch as a service rendered free during the base period does not become a new service merely by making a charge therefor. Consequently, though he may discontinue supplying the check cashing service entirely, he may not now charge for this service either direct¬ ly or indirectly. See Section 25 of CPR 34. (3/7/52 No. 11) . FILE following 85 Serv 32:212e. 1 (9-9-52) 85 Serv 32:212e. 3 INTERPRETATIONS CPR 34, Sec. 12(e) CONTINUANCE OF FREE DELIVERY Service and incident of a service distinguished The question posed is whether an incident of a service may be discontinued. A dry cleaning corporation operates and maintains 18 retail stores in addition to its cleaning plant. The business is operated on a cash and carry basis at all stores. At one store only, however, during the base period and since, free delivery service has been given in addition to the cash and carry operation. Pricing has been at the same level in all stores including the store offering free delivery service, which service the corporation now wishes to discontinue. The free delivery service offered by the corporation at its one store is an incident to and a term and condition of sale of the dry cleaning service at the store. Section 25 of CPR 34 states that any act or practice which results directly or indirectly in obtaining a higher price than is permitted by this regulation is a violation of the regulation. Among other things, such practices include practices not justified under 12(e) of the regulation. To discontinue the free delivery service would in effect be indirectly increasing the price of the dry cleaning service to the class of purchaser who customarily used it. While Section 12(e) provides that a seller may discontinue selling a service, it does not provide for the discontinuance of an incident of a service. Free delivery could not stand alone without the dry cleaning. Accordingly, Section 12(e) is not applicable. (4/10/52 Ho. 44) - • • ' - 1 "'>*■ ■ : 1 S 1 '--"*** • •: ■ . . • • , . .. t ; • r ■ - • • - * ~ ' • ' • - ^ i. ~ >€•**•■ -r . . in i»Ii3a & J adt ,t$•*>■■■ .9! * t ■ (•Kl • FILE following 85 Serv 32:212e.3 (9-18-52) 85 Serv 32:212e.5 INTERPRETATIONS CPR 34, Sec. 12(e) PARKING LOT Time schedule changes resulting in higher prices (see Interps. following CPR 34, Section 5, page 85 Serv 32:205.9) FILE following 85 Serv 32:212e. 5 (10-3-52) 85 Serv 32:212e.7 INTERPRETATIONS * CPR 34, Sl.ec. 12(e) CAR WASHING Application of Sec. 12(e) and other sections explained (see Interps. following CPR 34, Sec. 5, page 85 Serv 32:205.111 FILE following 85 Serv 32:212e.7 (1-27-53) 85 Serv 32:212e. 9 INTERPRETATIONS CPR 34, Sec. 12(e) DISCONTINUANCE OF LOWER PRICED SERVICE Not permissible where higher priced substitute service is substantially similar (see Interps. following CPR 34, section 5, page 85 Serv 32:206.11) - FILE following 85 Serv 32:212e.9 (2-3-53) 85 Serv 32:212e. 11 INTERPRETATIONS CPR 34, Sec. 12(e) SERVICE WHICH HAS BECOME UNLAWFUL Requirements for discontinuing and substituting higher priced service explained. Questions have been raised as to the method of compliance with CPR 34, section 12(e) in the case of an employment service altering its guarantee of employment in the case of the sale of its services to female applicants. The subject company, an employment agency operating under a license issued by the State of Illinois is a partnership whose actual owner and directing head is X. The partnership came into existence of July 1, 1951, following the dissolution on June 30, 1951, of the X Employment Services, Inc., an Illinois corporation, whose sole stockholder was X. During the base period and up until April 13, 1951, the subject's charges were as follows: Male applicants: 60 percent of the first month's salary with a 30-day guarantee of employment. Female applicants: 45 percent of the first month's salary with a 21-day guarantee of employment. Effective April 13, the subject company increased the fees for placement of female applicants to 60 percent of the first month's salary without an enlargement of the guarantee time. The subject company defends its position on the basis that the price increase is authorized by section 12(e)(ii) of CPR 34 since the Illinois State Law governing operations of private employment agencies was amended, effective August 2, 1951, to require a 30-day guarantee period in all employment contracts. It is contended by subject company that during the base period it was offering two placement services; on for 45 percent of the first month's salary with a 21-day guarantee; and the other for 60 percent of the first month's salary with a 30-day guarantee; and that by reason of the State Law effective August 2, 1951, it was compelled to discontinue the lower price service. .'After August 2, 1951, the company instituted a 30-day guarantee for female applicants in place of the 21-day guarantee and charged them 60 percent of the first month's salary. On the basis of these facts it is concluded that during the base period the sub¬ ject company was dealing with two different classes of purchasers with different ceiling prices and different terms and conditions applying to each; that the sub¬ ject company could, at any time, after the effective date of CPR 34 have applied to OPS for permission to supply at a higher price, a 30 day employment guarantee to its female applicants (a single class of purchaser) since the change in the terms and conditions of sale may have warranted an increase in price by virtue of the basic improvement in the service offered. In such a case, the ceiling price would have been determined under section 6 or 7 of CPR 34 on the basis of the value of that service when rendered to female applicants and would not necessarily have been the same as the ceiling price for the same service when rendered to male applicants who were in a separate purchaser class. However, at any time prior to the effective date of the 85 Serv 32:212e. 12 Illinois Law, the subject company, under section 12(e) would have been compelled to continue supplying the employment service with the 21-day guarantee at the lower ceiling price in addition to any higher priced service for which the company estab¬ lished a ceiling price under section 6 or 7 of CPR 34..At any time after the effective date of the Illinois Law the company could properly have applied to OPS under section 12(e)(ii) of CPR 34 for permission to discontinue the sale of the employment with the 21-day guarantee for female applicants. It should be noted however that the granting of authority to discontinue the lower priced service under section 12(e) does not automatically authorize the seller to sell the higher priced service to this class of purchaser (the female applicants). If the subject company did not establish a ceiling price for the employment service to its female applicants with a 30-day guarantee, prior to that time, they must still establish a ceiling price therefor under section 6 or 7 of CPR 34. In connection with the instant case the following specific questions have been asked: 1. Assuming the subject did offer the two services during the base period, was it required by Section 12(e)(ii) to file a certificate with the Director of Price Stabilization as a condition precedent to the discontinuance of the lower price serv¬ ice or could it have discontinued such service immediately upon the effectiveness of the State Law? Assuming the subject company offered two services during the base period and assuming further that the subject company was permitted to discontinue the sale of a service under section 2l(e)(ii), the seller is still required by section 12(e) (2) of CPR 34 to file with OPS a statement certifying the existence of the condition under which he is authorized to discontinue the sale of such a service illegal, etc., does not relieve the seller from complying with this filing require¬ ment. 2. If the certificate referred to in section 12(e)(2) was not filed, could the subject ever legally discontinue the lower price service? No. In order to discontinue the sale of a service and sell in its place a higher priced service which achieves the same general purpose under section 12(e) of CPR 34, the seller must file the certificate. 3. If the certificate had been filed, could the subject discontinue the lower price service or did it have to wait at least 30 days under section 12(e)(3)? Section 12(e)(3), granting OPS 30 days within which it may disapprove the request for permission to discontinue the sale of a service and sell in its place a higher priced service which achieves the same general purpose, contains an implied require¬ ment that the seller must continue to offer the lower priced service until that 30 days has elapsed. 4. Was the partnership which came into being on July 1, 1951, a new seller subject to section 6 of CPR 34? While it appears from the information submitted that the partnership which came into existence on July 1, 1951, was merely the result of a reorganization of the former corporation, it may be regarded as a new entity for price control purposes. In either case the ceiling prices are the same since section 13(a) of CPR 34, as amended pro¬ vides that the ceiling prices for the transferee of a business are the same as those in effect for the transferor (Amendment 6 to CPR 34). (1-19-53 No. 2) FILE following 85 Serv 32:212e.5 (10-1-52) 85 Serv 32:212g. 1 INTE RPRE T A TIONS CPR 34, Sec. 12(g) FLAT RATE MANUALS Continued use of base period and approved new editions Inquiry has been made as to whether the price guide published by the Painting and Decorating Contractors of America, 8th edition, copyrighted in 1950, is recognized by OPS and whether subsequent editions of this guide will be reviewed by the Director of Price Stabilization and proper documents issued, if the guide is approved. Under section 12(g) of CPR 34, a seller subject to the regulation who used a partic¬ ular edition of a flat rate manual during the base period to determine his prices must continue to use the same edition under the regulation and he may not increase the hourly rates he charged during the base period. The seller may not use a new edition of a flat rate manual unless its use has been approved by the Director of Price Sta¬ bilization. If a painting or decorating contractor determined his prices during the base period of CPR 34 by use of the price guide edition to which you refer he was required to continue to use it under CPR 34 until the effective date of CPR 93. After the effec¬ tive date of CPR 93, this type of contractor may by qualifying under the provisions of section 5 of that regulation sell or continue to sell a construction service at a ceiling price properly established and reported under CPR 34. Contractors using the provisions of section 5 of CPR 93 may use a new edition of this price guide if its use has been approved by the Director of Price Stabilization. To obtain a review with a view to approval of a new edition of this price guide, its publisher must submit the new edition for review to the Service Trades Branch, OPS, Washington 25, D. C. (T-l^-52 No. 3) ■ *;» .. h; t-T- / • £ - • ■ ; -f, * i - r ~4 * ■ - ... - y; 1 ' if- ’VS ? i . ft'- ?! t:*’ • ' . .... .. .. . ; ■ . ■ ■ ■ v , 5 5;? ; / " 1 ■ -r ■■ ■ ‘ "• ' . ■' -*>;• i #i 'hi > . ;; '... •* <.*« . ; ' U f *< t ■■ - .... 'V • • • * .!?•* * * «'• .. • - '■ - ’ . - [{. ■ •• ■ " ; 1 ! ‘ 5 . 9 ■ • "■ ■ ! ■ ’ ' ■ , -'V : 5 : FILE following 85 Serv 32:208b. 1 (7-31-52) 85 Serv 32:213.1 INTERPRETATIONS CPR34, Sec. 13 TRANSFER OF ESTABLISHED BUSINESS From lessor to lessee As owner of a parking lot leased it to a lessee who operated it until the lease ex¬ pired in July, 1951, and thereafter the owner operated it. The question presented is whether the owner has acquired a previously established business under section 13(a) of CPR 34 so as to have the same ceiling prices as his former lessee. The owner has acquired a previously established business within the meaning of sec tion 13(a) of CPR 34. One way of acquiring a business is to acquire its physical assets and good will. Upon termination of the lease, the owner acquired the right to possess the parking lot, which was the only important physical asset of the lessee's business. Since the chief attraction to customers of a parking service is the loca¬ tion of the parking lot, the owner also acquired the good will by the termination of the lease. The owner's ceiling prices, therefore, are the same as his lessee's were. (7/8/52 No. 1) , . • ' '* • * * v .. . . • ' . • < : - '■ f » . * y : % “ - ? •• ■ 1 . . N . ' 1 y fT* y / • ; Sffo* ’tO 1' , ft ' r • •T " .. t ' % FILE following 85 Serv 32:213.1 (8-27-52) 85 Serv 32:213a. 1 INTERPRETATIONS CPR 34, Sec. 13(a) TRANSFER OF ESTABLISHED BUSINESS Acquisition of parking lot—when operator is transferee and not new seller. The property In question was formerly used as a parking lot, the lot had been com¬ pletely closed out, a new party purchased the property and made improvements thereon. The gap of time between the closing out of one business and establishing of another has not been stated, although this may not be significant. Section 13(a) of CPR 34 is applicable to the acquisition of property for the purpose of carrying on a previously established business. If in fact the new owner carries on a previously established parking lot business, it is immaterial that they acquired the business by way of purchase of real estate or made minor improvements thereto. Whether they are carrying on such a previously established parking lot business should be de- termined from all the facts. Privity of estate between the former and present parking lot operator is not required. However, if upon examination of all available facts it is determined that such substantial improvements have been made by the new owner so as to materially change the character of the parking lot operation, the granting of a price under Section 6 of CPR 34 would be appropriate, (3/11/52 No. 7) ■ r f ■ •• T , *' » f _■ 4 * i V S ,■ . >;-j ,. r ;• ■ ,v-\ • • i" u I . - - * * • . • • < > • * -. ’; • a • • • ■ .. .. r \ ‘ '■* '■ > •' • . • . •• V - 1 S FILE following 85 Serv 32:213a. 1 (2-5-53) 85 Serv 32:213a. 3 INTERPRETATIONS CPR 34, Sec. 13(a) SERVICE VENDING MACHINE When new operator must take former operator’s ceiling A service vending machine is installed at a location where no operator had a machine of the same type during or since the base period. Under the circumstances, the new operator establishes his ceiling price -under section 6 of CPR 34. If, however, another operator had had a machine at the location immediately or until a reasonable time prior to the installation by a new operator, the latter, in accordance with section 13(a) of CPR 34, as amended by Amendment 6, would be required to take the former operator’s ceiling price. (1-15-53 No. 7) FILE following 85 Serv 32:10 (4-8-52) 85 Serv 32:213c. 1 INTMmiffi CFR 3*+, SEC. 13(c) SERVICES, Chains, new selling units established after January 25, 1951 Your letter states that as your corporation operates more than one selling unit, Section 13(cj of CPR 34 requires the company to apply under Section 7 for ceiling prices; that that section applies to services which cannot be priced under Sections 5 or 6 of the regulation; that in determining charges for services at new stations, it has been your practice to first ascertain the charges made by competition for similar services; and then establish your prices in line with the prevailing competition; that prior to the issuance of Amendment 1 to CPR 34 which .added paragraph (c) to Section 13 you were able to determine prices under Section 6 by taking the ceiling price of the closest competitor in the area; and that Section 13(c) now requires a procedure dif¬ ferent therefrom; and you suggest that you be allowed to continue to price new services at new units under Section 6 of CPR 34. Section 13(c) of CPR 34 states that if you operate one or more selling units and you open a new unit after January 25, 1951, you must apply to OPS for establishment of your ceiling price for that unit under Section 7 of the regulation. In view of that provision this office has no authority at the present time to permit you to price services rendered at new selling units under Section 6 of that regulation. Your continued cooperation with the price stabilization program is appreciated. (V2V52 #15) , . FILE following 85 Serv 32:213c. 1 (10-3-52) 85 Serv 32:213c.3 INTERPRETATIONS CPR 34, Sec. 13(c) CAR WASHING At new unit of chain - application of Sec. 13(c) and other sections explained (see Interps. following CPR 34, Sec. 5, page 85 Serv 32:205.11 s ' FILE following 85 Serv 32:213c. 1 (9-15-52) (THROW AWAY PRIOR 85 Serv 32:216. 1) 85 Serv 32:216. 1 INTE RPRE TA TIONS CPR 34, Sec. 16 SEASONAL PRICE VARIATIONS Parking lot operator must maintain (see Interps. following CPR 34, Sec. 8(a), page 85 Serv 32:208a. 1) ' , FILE following 85 Serv 32:213c. 1 (4-8-52) 85 Serv 32:218.1 INTERPRETATIONS CPR 34, SEC. 18 FILING REQUIREMENTS, Must describe each service The memorandum enclosed a statement of ceiling prices filed by a company which set forth price ranges rather than - *~c prices as, for example, "Sleeves - take in $2.00 - Such a statement of prices does not meet the filing and posting requirements of Section 18 of CFR 34. Each service for which a price is filed should be specifically described as, for example, "Sleeves Plain 24" length, worsted - $2.00"; "or shorten bottom of skirt - by hand - 35" width $ 3 . 00 ." The subject memorandum states that only one statement is filed for a group of stores and that it has been the position of the Regional Counsel that separate statements must be filed for each store even though the company adopts central pricing, and an opinion is requested with respect to the matter. As indicated by the attachments to the memorandum, the company furnishes to each District office a pricing chart of uniform prices specifically designating the names and addresses of the stores in which the services are sold. It would appear that so long as the services rendered and prices charged therefor are uniform and each store maintains its records of sales and posts the pricing chart on its premises, that the provisions of Section 18 have been met. (12/18/51 #5) ‘ * • \ ’ • 3t w . h ; ui ■ ‘ ' ' •5 ' ' ' V ■' 5 ! h * ■ • 1 ; . •• ■ « 5 * . • < • FILE following 85 Serv 32:218.1 (4-15-52) 85 Serv 32:218.3 INTERPRETATIONS CPR 34, SEC. 18 EXEMPTIONS, Services - Parking lots as rental of real property. The District Counsel has ruled that the owner of a lot who rents space on a monthly basis to a definite number of customers with each space allocated to the tenant and having no transient or part-time parkers and no attendant is renting real estate and not subject to filing under CPR 34, the Services regulation. In your proposed post¬ audit of this matter you state that in your opinion this ruling is incorrect. Neither your memorandum nor the memorandum frcm the District Counsel contains sufficient information upon which to base a determination with respect to whether there is the rental of real estate or the rendering of a service. Your attention is directed to a decision of the Emergency Court of Appeals under the Price Control Act of 1942, Carothers et al v. Bowie8. 148 F. 2d 554, 65 S. Ct. 1556, relative to the question whether there was a rental of real estate by persons parking automobiles under a so-called "park and lock space rental" plan. The court in determining that there was the rendering of a storage service subject to price regu¬ lation rather than the rental of real estate said that whether such an operation involves the providing of storage depends upon whether there are present at least some of the incidents which customarily go to make up automobile storage service. Among these may be the grading, paving, lighting and cleaning of this parking lot and the marking upon it of suit able spaces for the parking of automobiles. (2/28/52 #5) . FILE following 85 Serv 32:218.3 (7-10-52) 85 Serv 32:218.5 INTERPRETATIONS CPR34, Sec. 18 POSTING AND FILING REQUIREMENTS Sales outlet—posting and filing in local OPS office required Where a laundry maintains a pick-up station in one OPS District and maintains its plant in a different District, it must post its ceiling prices in the pick-up station and file them with the OPS District Office having jurisdiction over the pick-up station. It must also post its ceiling prices in its main plant with reference to business done there, and file such ceiling prices with the OPS Dis¬ trict Office having jurisdiction over its main plant. Section 18(f)(2) of CPR 34 requires the posting of ceiling prices in the pick-up station because the requirement of posting in "your establishment" refers to all the places in which the services are furnished. In addition, under Sections 18(b)(2) and 27(a)(1), the laundry is required to file its ceiling prices with the OPS District Office for the area in which the pick-up station is located. In particular, Section 27(a)(1), requires filing in the OPS District Office "for the district where your place of business is located and from which your sales are made." The expression "place of business," as here used, is synonymous with the place from which sales are made, and is merely an additional reference to such place. (5/29/52 No. 27) ' ' v »■■■•■" ' . 5 •••■ •• ■ • ■ FILE following 85 Serv 32:218. 5 (8-11-52) 85 Serv 32:218.7 INTERPRETATIONS CPR 34, SEC. 18 FILINGS OF STATEMENTS Appropriate OPS office (see Interps. following CPR 34, Sec. 2, page 85 Serv 32:202.21) FILE following 85 Serv 32:218.7 (9-3-52) 85 Serv 32:218.9 INTERPRETATIONS CPR34, Sec. 18 FILINGS OF STATEMENTS Bracket filings for services of funeral directors. The question presented is whether bracket filings by undertakers meet the require¬ ments of Section 18 of CPH 34. Undertakers have bracketed funeral charges, principally because caskets which they sold varied in cost. Bracket filings for this industry would, therefore, meet the requirements of Section 18 of CPR 34, provided the maximum bracketed price in each bracket represented a ceiling price. In such case the minimum bracketed price in each such bracket would represent not a ceiling price under Ceiling Price Regulation 34, but a price lower than ceiling which could at least have suasive effect because of the filing. The filings by undertakers which set forth bracket prices for services should be permitted if they are based in part on respective bracket costs, provided the filings, among other things, state that the maximum bracket price in each bracket is a ceiling price. (3/25/52 No. 1) _ ' • ii ■. >1 I h t'i ' FILE following 85 Serv 32:218.9 (11-17-52) 85 Serv 32:218.11 INTERPRETATIONS CPR34, Sec. 18 CONSIGNEES Section 18 applies (see Interps. following CPR 34, Sec. 2, page 85 Serv 32:202.53) 4 11 ■ ■ FILE following 85 Serv 32:218.5 (7-14-52) 85 Serv 32:219.1 INTERPRETATIONS CPR 34, Sec. 19 VIOLATIONS Construction services exempt under CPR 93, .Section 1(b)—violations of CPR 34 not validated (see Interps. following CPR 93, Section 1, page 61 Ind 49a:201.2). 4 % > •' n ■•f m> 'ixi .■ • ' ; , ; > • > ; ‘ • *' (# ■ , , - ' - * - , f . 85 Serv 32:220.1 FILE following 85 Serv 32:21$. 1 (8-15-52) INTERPRETATIONS CPR 34, Sec. 20 ADJUSTMENTS FOR CUSTOM SLAUGHTERERS Devaluation of hide and by-products received as base period pay. During the base period most slaughterers received far their services the hide and other by-products of the animal slaughtered. The price of hides has dropped to such an extent that, dollar-wise, the slaughterer is now receiving substantially less far his services than he received during the base period. Where a custom slaughterer during the base period received the hide and other by-products far his services it would appear that he was attempting to establish a dollar and cents value for his services rather than to put himself in the position of speculating in the hides and the by-products. Hence, his ceiling price now for his services would be not to exceed the highest price he received for the hides and by-products during the base period. Conversely, if the price he receives far the hides and by-products should rise above his ceiling price for his services then the custom slaughterer should reduce the price far his services by the amount of the increase in excess of the ceiling price. In light of this reasoning and application thereof, it does not appear that an increase to the slaughterer far these services would result. However, the adjustment provisions of Sections 20(a) and 20(b) may be utilized by custom slaughterers if they are able to meet the requirements of such sections. (6/16/52 Ho. 2) • * J • , >, v - '■ : :~V. ■ - o > * • :: . : " r - ... ■ t.. . - : • ' • • ' > 1 , . • - •. •*'•••■ : 1 J'or , • •; ;> /ti.r.'v ... .' . " ■ ... . ' , ■ .. . . • - ' , n • •• ■' u l ■ . - ■ 'v ' •' £ ,r \ • .... :'<■ r. •: - ' •;'< ... ; . v. . . '■ • •• : •• . - ■ " • •'•■■■r,** •• r;: . . v • * ■ .: ' ' • • • : 5 ■ • .. ... v ' •. ... : :k: l : •: u • . ■' ■ • 1 f : '. •• i . • • . ■. • <• ■’ .'X - :r v*; FILE following 85 Serv 32:218.3 (7-3-52) 85 Serv 32:220a. 1 INTERPRETATIONS CPR 34, SEC 20(a) ADJUSTMENTS Not available where materials charge separately stated Repairman historically stated his charges for labor and material separately so that section 11 of CPR 34 would apply. He now seeks adjustment in price of materials. Any such increase must he determined in accordance with the commodity regulation and the application cannot he considered under section 20(a) of CPR 34. ( 5 / 5/52 #19) S -1 /"Si | ' jg; . • - - • - r ’ .< »- • ' A •ijj T ■- t - JR % - : TC-:' ‘ S • * N ' ..... . • ' ’ , t - ■ r - *; • t - ! ?*S /J- /' ' ■ •- : / r r V FILE following 85 Serv 32:220a. 1 (7-30-52) 85 Serv 32:220a. 3 INTERPRETATIONS CPR 34, SEC. 20(a) ADJUSTMENTS Services and commodity sales distinguished A company, as one of its functions, installs draperies and carpeting. If only a service is performed and the company customarily kept separate profit and loss statements for its carpet and drapery department, such figures may he submitted and an application for adjustment under section. 20(a) can be entertained. However, when the service of installing the carpets or draperies is rendered in connection with the sale of the commodity, the complete transaction is deemed the sale of a commodity subject to the provisions of the appropriate commodity regulation and the seller must apply for an adjustment under such commodity regulation rather than under the services regulation. (5-21-52 No. 2) ' . - e a 85 Serv 32:220a.5 FILE following 85 Serv 32:220a.3 (8-5-52) INTERPRETATIONS CPR 34, Sec. 20 (a) ADJUSTMENTS Corporation owned by another corporation Auto Rental Service Corp is wholly owned by another corporation. There is no connec¬ tion between the two corporations other than the bare ownership of the stock. The sub¬ sidiary’s profit and loss statement is totally independent of that of the owner cor¬ poration, reflecting no exchanges or adjustments and no allocations of functions between the two corporations. Under Section 20 (a) the subsidiary's application should be pro¬ cessed as that of an individual corporation and not as the application of a multiple unit. ■ -;v ! . - " • ' ■a ■ - ' : • • ■ • • • ■ V ' 1 ■ • ’• ' ; •ton has ■ < * FILE following 85 Serv 32:220a. 5 (10-3-52) 85 Serv 32:220a. 7 INTE RPRE TATIONS CPR 34, Sec. 20(a) CAR WASHING At unit of a chain - application of Sec. 20(a) and other sections explained (see Interps. following CPR 34, Sec. 5, page 85 Serv 32:205.11 a > ' ' FILE following 85 Serv 32:220a. 5 (9-9-52) 85 Serv 32:225.1 INTERPRETATIONS CPR 34, Sec. 25 EVASIONS Discontinuance of an incident of a service prohibited. (See Interps. following CPR 34, Section 12(e) page 85 Serv 32:212e.3) i ■ . . • ■ .. FILE following 85 Serv 32:220a. 1 (7-10-52) 85 Serv 32:227.1 INTERPRETATIONS CPR 34, Sec. 27 APPROPRIATE OPS DISTRICT OFFICE Sales outlet--filing required in district office where outlet located (See Interps. following CPR 34, Section 18, page 85 Serv 32:218.5) FILE following 85 Serv 32:227.1 (8-11-52) 85 Serv 32:227.3 INTERPRETATIONS CPR 34, SEC. 27 APPROPRIATE OPS DISTRICT OFFICE Contracts--filing required in district where contract entered into and performed (see Interps. following CPR 34, Section 2, page 85 Serv 32:202.21) 4 ' • . •< • - - ■ * . ; ' ' (Tk . ■ ■ - ■ • '■! ‘ ■ ** * 1 ; ■ ■ ■ - ■ ■ FILE following 85 Serv 32:227.3 (8-25-52) 85 Serv 32:227.5 INTERPRETATIONS CPR34, Sec. 27(aj(ll) DEFINITIONS Class of purchasers With respect to services, there is basically no difference between the definition of a "purchaser of the same class" as set forth in Section 22 of the GCPR, and the same term as defined in Section 27(a)(ll) of CPR 34. The definition contained in the serv¬ ices regulation is merely explanatory of the term "purchaser of the same class" as used in the GCPR. (3/7/52 No. 9) . ' I . - FILE following 85 Serv 32:227.5 (11-17-52) 85 Serv 32:227a. 1 INTERPRETATIONS CPR 34,-Sec. 27(a)(17) CONSIGNEE Performs "service” within scope of definition (see Interps. following CPR 34, Sec. 2, page 85 Serv 32:202.53) / FILE following 85 Serv 32:227a. 1 (1-15-53) 85 Serv 32:227a. 3 INTERPRETATIONS CPR 34, Sec. 27(a)(ll) CLASS OF PURCHASER Discount purchasers separately classified (see Interps. following GCPR, Sec. 22, page 42 Reg 11:222.25) f ' 7 AWA OS J %0 i ‘ fc n ? ;*>-> ■" s . ji *•:':• .JiS ;I :y«H & -SS FILE following 85 Serv 32:227a. 3 (2-5-53) 85 Serv 32:227a. 5 INTERPRETATIONS CPR 34, Sec. 27 (a) (17) NOT SALE OF SERVICE Commodity sale when processor has title to goods A processor converts rough yellow pine lumber into wooden package material which he supplies to a manufacturer of metal articles. Both firms, it may be noted, are cor¬ porations. The question presented is whether the transaction involves the sale of a service, subject to CPR 34, or the sale of a commodity. In the latter case, the sale would be subject to GCPR. The supplier purchases rough lumber, processes it into package material, and as such delivers it to the manufacturer, who at that stage acquires title to the finished product. This sequence of events would ordinarily stamp the transaction as the sale of package material. One of the parties, however, points out that other factors are present which would indicate that what is actually involved is the sale of a service. In support of this, it is stated that the manufacturer, some years back, found it impossible to fill his requirements of package material from regular marketing sources. He therefore entered into a cost-plus contract with the supplier, wherein it was provided that the manufacturer would give advance notice of his requirements for each six months' period to the supplier, who would use his best effort to meet these requirements and, in the operation of its planing mill, would give preference to the manufacturer's requirements. If it turned out that any lumber in the supplier's inventory could not be used for package material, such limber would be sold in the open market by the supplier and the proceeds credited to the manufacturer's account. Furthermore, if the contract was terminated by the manu¬ facturer, he would pay for all the yellow pine in the supplier's inventory. In addition, the manufacturer bought the preferred stock in the supplier corporation with the object of financing the purchase of rough lumber; and, in order to safe¬ guard such investment,the preferred stock dividends are guaranteed and the salaries and common stock dividends of the supplier are limited. Because of these various factors influencing the supplier's operations, it is contended that the transaction between the parties amounts, in fact, to a sale of services. Despite the above, a conclusion other than that a sale of a commodity is involved would be unwarranted. The significant elements to be considered are: (l) That the supplier purchases and has title to the rough lumber and, (2) That the manufacturer never acquires title to the lumber in any form until it has been fully converted into finished package material and delivered to him. Since the supplier is not working on anything owned by the manufacturer, he is not, in processing this lumber, performing a service for the manufacturer. It follows, therefore, that the supplier is selling a commodity and not a service to the manufacturer. (12-15-52 No. 8) . ■ ' . . : ■ : n ■ ■■ : • ? i ' : - , • •• • t • •-* •- ‘ •* '*W'l ... • ano.tEioc . 1 ■ ■ . • v i : ■ ■ . • . • ■ * • - ; - .. .... ' ••• :• ■ f,... ■ • ,j : f , V * ' f, • ; f ’ ' < FILE following 85 Serv 32:227a. 5 (2-17-53) 85 Serv 32:227a. 7 INTERPRETATIONS CPR 34, Sec. 27(a)(17) EMPLOYER FUNCTIONS Not included The question has been raised under the following facts as to whether A, a manufac¬ turer, is performing for B, who sells A's products, a service which is covered by CPR 34. B selects the customers to whom he sells and fixes the prices. His compensation is the difference between his selling price and the price which he is charged by A. Against such compensation, A furnishes B with a drawing account. All orders are taken and billed in A's name. The latter assumes all credit risks and prepays freight, does the bookkeeping, adjusts complaints, carries on all correspondence for B and accepts returns of merchandise. A now wishes to make a charge for those functions which he performs and inquires whether these, in the particular circumstances here involved, constitute services covered by CPR 34 and whether he would have to estab¬ lish a ceiling price for them under such regulation. The facts stated indicate that B is merely an employee or agent and hence is not buying either goods or services from A. CPR 34 is therefore not applicable and no ceiling would have to be established for such charges as A might make for carrying out his part of the transaction. (11-9-51 No. 15) VI >8 • . \ t ? .Ii ' vc T/T3rt<*H~Tva (1 • ,)VS .0^3 ( *e ■>/•;.:; 1 ;• OJ‘lK bl !;■ Jt . JoM . • i i • • • J •' r {'■ • j R £J *T V . r ‘ • ' j H r ^e .a i a- jjJ \ t n: >: ■ -r. • e t'cri r, :■ : I ■ ■: <<’ ■ ■ ■■ t) r n , ' • > ? : • • • ‘ ;v.l ■ ■ - v.v ^..q s • :i c -o-i ) FILE following 85 Serv 32:227a. 7 (2-24-53) 85 Serv 32:227a. 9 INTERPRETATIONS ' CPR 34, Sec. 27(a)(17) SERVICES Additional operations in manufacturing same commodity, not considered to be new service (see Interps 0 following GCPR, sec. 22, page 42 Reg 11:222.31) rowrs .asB ,« H<0 I BP 3SDIVH3.' .i?q ) > .at .eqia) £ ») o3iv*t>* 85 Serv 32:301 FILE following 85 Serv 32:6 (7-1-51) (THROW AWAY 85 Serv 32:7) Wholesale Drycleaning, Etc., in New York City Area OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 34 Supplementary Regulation 1 JUNE 14, 1951 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabilrza- tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Supplementary Regulation 11 CPR 34—Services sr l —wholesale dry cleaning. finishing AND DYEING IN THE NEW YORK CITY AREA Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.) Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency Gen¬ eral Order No. 2 <16 F. R. 738) this Sup¬ plementary Regulation 1 to Ceiling Price Regulation 34 is hereby issued. statement or considerations This Supplementary Regulation 1 to Ceiling Price Regulation 34 establishes dollars and cents prices for wholesale dry cleaning, finishing and dyeing serv¬ ices in the New York City area. The services supplied by the wholesalers of dry cleaning, finishing and dyeing serv¬ ices in the New York City area and covering the following counties in New York State: Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk and Westchester have been provided at sub¬ stantially uniform prices for many years antedating the issuance of Ceiling Price Regulation 34. No increase has been made in the price structure since 1947 except for minor readjustments, mainly in the price of service on children’s gar¬ ments. A wage increase in 1950 and sharply increased costs in the latter part of 1950 have brought the average earn¬ ings of the industry in this area close to the breakeven point. On April 1, 1951 a wage increase was granted by the in¬ dustry, which was approved by the Wage Stabilization Board. The effect of the latter increase will result in the reduc¬ tion of such industry’s average earnings to a loss position and jeopardize the con¬ tinued supply of the service. The existence of uniform prices, standardized service and similar earn¬ ings experience facilitate the establish¬ ment of dollars and cents prices. In the judgment of the Director, the prices established in this Supplementary Regu¬ lation are at the minimum levels which will permit the continued supply of serv¬ ice. The industry, including representa¬ tives of trade associations, has been con¬ sulted in the preparation of this Regula¬ tion. In the judgment of the Director of Price Stabilization the prices established by this Supplementary Regulation 1 are generally fair and equitable and are nec¬ essary to effectuate the purposes of Title IV of the Defense Production Act of 1950. REGULATORY PROVISIONS Sec. 1. Purpose. OCw, 2 Relationship to CPR 34. 3. Celling Prices. 4 Definitions. ACTHoarrr: Sections 1 to 4 issued under Bee. 704, Pub. Law 774, 81st Cong. Interpret or apply Title IV, Pub. Law 774, Slst Cong., E. O. 10161, Sept. 9, 1950, 15 P. R. 6105; 3 CPR, 1950 Supp. Section 1. Purpose. The purpose of this regulation is to establish dollars and cents prices for wholesale dry cleaning, finishing and dyeing services in the counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk and Westchester, State of New York. Sec, 2. Relationship to CPR 34. All provisions of Ceiling Price Regulation 34, except as changed by the pricing provisions of this Supplementary Regu¬ lation 1, shall remain in full force and effect. Sec. 3, Ceiling prices, (a) The ceiling prices which may be charged by sellers of wholesale cleaning, finishing and dye¬ ing services in the counties of Bronx, Kings, Nassau, New York, Queens, Rich¬ mond, Suffolk and Westchester, State of New York, shall be as follows: (a) Schedule A—Wholesaler Ceiling Price List (per garment or item). Sales to com¬ missioners Sales to outlets Cleaned only Finished only Cleaned only Cleaned and finished men’s Suits.. $0.16 $0.22 $0. 28. $0. 55 Coats____ .08 . 11 . 15 .30 Pants....... .08 . 11 . 15 .30 Flannel pants...... . 11 . 15 .20 .40 Linen pants. . 11 . 15 .20 .40 Slacks..... .08 . 11 . 15 .30 Sweaters.. .08 . 11 . 15 .30 Sport shirt. .08 . 11 . 15 .30 White suit__ .35 .25 .35 .70 Linen suit.... .35 .25 .35 .70 Top coat.... . 19 .22 .33 .55 Overcoat. .. . 19 .22 .33 . 55 Raincoat... .22 .30 .38 .80 Reversible coat.... .22 .33 .38 .90 children's Suits.. . 16 .22 .28 .55 Dresses... . 16 .22 .28 .55 Coats... .08 . 11 .33 .55 Skirts. .08 .11 .15 .30 Jackets.. j.. .08 . 11 .15 .30 Sweaters..._. .08 . 11 .15 .30 Boys coats. .08 . 11 .15 .30 Boys pants. .08 . 11 .15 .30 HOUSEHOLD Furniture covers (in sets of 8 or more).. . 11 .09 .20 .30 Spreads (plain)... .. .22 .28 .40 .75 Spreads (silk and taffetta)... .33 .52 .60 1.25 Curtains..... .22 .28 .40 .75 Blanket (single) . 19 .35 Blanket (double).. .33 .60 Quilts (cotton). . . _ .50 .90 Quilts (silk).. .50 .90 1.25 LADIES Suit... . 16 .22 .30 .55 Skipt (plain)__ .08 . 11 . 15 .30 Skirt (pleated—dp to 20 pleats). .08 .22 . 15 .50 Jacket (plain).. .08 .11 . 15 .30 White suit... .23 .25 .40 .70 Sales to com¬ missioners Sales to outlets Cleaned only Finished only TJ O G >> O) O o Cleaned and j finished j ladies— continued Waist (plain).... $0.08 $0.15 $0.15 $0.35 Waist (pleated—up to 20 pleats). .08 .25 . 15 .50 Coat..... . 19 .22 .33 .55 Coat (white).. . .23 .25 .40 .75 Coat (reversible).. .22 .33 .38 .90 Suit (linen).. .20 .25 .35 .70 Sweater.. .08 . 11 . 15 .30 Dress (plain—up to 4 pleats). . 16 .22 .28 .55 Dress (pleated—up to 20 pleats).... . 16 .30 .28 .85 Dress (velvet).... .16 .30 .28 .85 Dress (sunburst pleated)_ .16 .50 .28 1.25 Evening gown.. . 19 .50 .33 1.25 Evening gown (with train or pleated). .19 .90 .33 1.75 Fin- Rough ished Dyeing . __ 1.50 2.00 (b) Schedule B—Commissioner Ceil¬ ing Price List (per garment 'or item ) ; resale to outlets. The ceiling prices of cleaning and finishing services supplied by commissioners to outlets shall not exceed the wholesaler ceiling prices per garment or item for sales to outlets for each service (to wit: “Cleaned only’’ and “Cleaned and Finished”) estab¬ lished in Schedule A of this Supple¬ mentary Regulation 1 to Ceiling Price Regulation 34. Sec. 4. Definitions, (a) As used in this Supplementary Regulation 1 to Ceiling Price Regulation 34: (1) The term “wholesaler" means any supplier who owns, operates or controls plant facilities for dry cleaning, finish¬ ing and dyeing garments or items for commissioners and independent outlets. (2) The term “commissioner” means any supplier who has no plant facilities but supplies dry cleaning, finishing and dyeing services to outlets. (3) The term “outlet” means any purchaser of dry cleaning, finishing and dyeing services from a wholesaler or commissioner for resale to an ultimate consumer. (4) The terms “cleaning”, “finishing” and “dyeing” include: (i) “Cleaning” which means the dry cleaning of a garment or item, including the spotting thereof; (ii) "Finishing” which means the pressing of a garment or item; (iii) "Dyeing” which means the use of any process to change the basic color of a garment or item. Effective date. This order shall be¬ come effective June 14, 1951. Michael V. DiSalle, Director, Office of Price Stabilization. June 14, 1951. FILE following 85 Serv 32:1401 Virgin Islands (2-21-52) 85 Serv 32:T301 Ceiling Price Regulation 34 Territorial Supplementary Regulation 1 FEB. 15. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Celling Price Regulation 34, Territorial Supplementary Regulation 1 ] CPR-34— Services TSR 1—RETAIL DRY CLEANING AND FINISHING AND COMMERCIAL LAUNDRY SERVICES IN THE VIRGIN ISLANDS Pursuant to the Defense Production Act of 1950. as amended (Public Law 774, 81st Cong... Public Law 96, 82d Cong.), Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency Gen¬ eral Order No. 2 (16 F. R. 738), this Ter¬ ritorial Supplementary Regulation 1 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Territorial Supplementary Regu¬ lation 1 to Ceiling Price Regulation 34 establishes dollar and cents ceiling prices for retail dry cleaning and finishing and commercial laundry services sold in the Virgin Islands of the United States. The services supplied by dry cleaning and finishing establishments in the Virgin Islands have been provided at substan¬ tially uniform prices for the past four years. In spite of a wage increase and sharply increased costs during 1950, the dry- cleaning industry, at the time the Gen¬ eral Ceiling Price Regulation was is¬ sued. had not increased its prices. The GCPR freeze, therefore, caught the dry- cleaning industry at a time when its profit margin was very low. Since the issuance of the GCPR, and subsequently of CPR-34, costs have continued to rise while the ceiling price has remained the same. During the summer of 1951 the dry- cleaning industry petitioned for relief and an independent study of its earnings was conducted. It has been determined that the average earnings of the industry are now close to the break-even point and threaten to jeopardize the continued supply of the service. However, because of the absence of base period earnings experience, it was impossible to deter¬ mine an increase factor strictly in ac¬ cordance with the industry earnings standard. This territorial supple¬ mentary regulation, therefore, estab¬ lishes dollars and cents ceiling prices which will, on the average, be from 7 to 10 percent higher than present ceilings under CPR 34. It is expected that these new ceiling prices will yield sellers of dry cleaning and finishing services in the Virgin Islands a margin which would re¬ turn earnings in line with the policy of the earnings standard. The ceiling prices - established for commercial laundry serv¬ ices by this territorial supplementary regulation are the same as the CPR 34 ceiling prices. In formulating this territorial supple¬ mentary regulation, the Director of Price Stabilization has consulted with repre¬ sentatives of the industry and has given full consideration to their recommenda¬ tions. In the judgment of the Director, the prices established by this territorial supplementary regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. Regulatory Provisions Sec. 1. What this territorial supplementary regu¬ lation does. 2. Celling prices. 3. Posting. 4. Definitions. Authority: Sections 1 to 4 Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup., 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup., 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 CFR, 1950 Supp. Section 1. What this territorial sup¬ plementary regulation does. This terri¬ torial supplementary regulation estab¬ lishes dollar and cents ceiling prices for retail dry cleaning, finishing, and com¬ mercial laundry services in the Virgin Islands of the United States. All provi¬ sions of CPR 34, except as changed by the pricing provisions of this territorial supplementary regulation, shall remain in full force and effect. Sec. 2. Ceiling prices. Ceiling prices for the retail sale of dry cleaning, finish¬ ing, and commercial laundry services in the Virgin Islands of the United States are established as follows: (a) Schedule A—Retail Prices for Dry Cleaning and Finishing (per gar¬ ment or item): Dry cleaning and fin¬ ishing Finishing only men’s Suits, white... ..... Suits, colored___ $1.60 1.45 $0.70 . 70 Coats, white. .95 . 40 Coats, colored. _ . .85 .40 Pants, white ... . 75 .30 Pants, colored..... ... .65 . 30 Slacks.. .65 .30 Sweaters. ..... . 50 . 25 Sport shirts ..... .50 . 25 Cugat jackets .. . .66 . 30 Overcoats.... ... 1. 50 .65 Bathrobes 1. 45 . 40 Raincoats_ . _ 1.50 .65 CHILDREN'S Suits, white_ __ 1.20 . 55 Suits, colored. _. .... 1.00 .55 Dresses.... .80 . 50 Skirts. _ _ ___ .50 .25 Jackets..... . 60 .30 Sweaters.. .... .40 . 20 Boys’pants... .... .. .40 .25 Sport shirts____ .35 .20 Dry cleaning Finishing and fin- only ishing ladies’ Suits, white._. Suits, colored... Skirt, plain ___ Skirt, pleated (up to 20 pleats)_ Blouse. Jucket. . Dress, plain (up to 4 pleats)_ Dress, pleated (up to 20 pleats)_ Overcoats. .. Slacks. Sweaters__ Evening gowns.. Evening gown (with train or pleated)__ Bathrobes.... lIOt'SEIIOLD Bedspreads, plain_ Bedspreads, silk or taffeta Blanket, single. Blanket, double. Curtains, except silkt. Curtains, silk... Quilts, cotton. Quilts, silk . $1.60 $0 70 1. 45 . 70 .65 , .30 .90 . 30 .65 .30 .85 . 40 1.35 .40 1.65 1. 50 .65 .65 . 30 .50 . 25 1.50 .75 2.25 1.45 . 40 1.25 1.75 .65 1.25 1. 50 2.25 1. 50 2.00 Note: Dry-cleaning concerns may add a surcharge not to exceed 25 jiereent of the total charge for dry clean¬ ing items on a 24-hour servioe basis, if such service is specially requested by the customer. (b) Schedule B—Retail Ceiling Prices for Commercial Laundry Services (per garment or item): Laundering and Men's: finishing Bathrobes_$0. 75 Caps, cook's_ . 10 Caps, doctor’s_ . 05 Collars, hard_ . 10 Collars, soft_ . 08 Coats _ .75 Drawers, shorts_ . 16 Drawers (union suits or B. V. D.'s). . 20 Dungaree Jackets_ . 26 Dungaree pants and work pants_ . 60 Dungarees (combinations)_ .76 Coveralls_ 1.00 Gowns, doctor's_ . 35 Handkerchiefs_ . 06 Overalls_ . 60 Pajamas (coats)_ .20 Pajamas (pants)_ .20 Pajamas (pair)_ .40 Pants, except wool_ . 60 Play shorts, light cotton_ . 25 Play shorts, heavy cotton_ . 40 Shirts, white_ . 30 Shirts, colored_ . 25 Shirts, dress_ . 35 Shirts, polo, tee, knit_ . 25 Shirts, silk.. .35 Socks, colored_ . 06 Socks, white_ . 07 Suits, white_ 1. 35 Suits, colored_ 1.16 8weat shirts_ . 20 Undershirts_ • 10 Ladles: Aprons_ • 15 Blouses, cotton and rayon- . 35 Blouses, silk_— .40 Brassieres- • 16 Corsets_ -60 Dresses, white_ • 86 Dresses, colored_ • 75 Dresses, silk or sharkskin- 1- 25 Dungaree pants- • 75 85 Serv 32:T302 Laundering and Ladles—Continued finishing Girdles____ $.20 Handkerchiefs_ . 05 Housecoats_ . 75 Nightgowns, except silk_ . 30 Nightgowns, silk_ . 45 Pajamas, cotton_ . 35 Pajamas, silk or rayon_ . 50 Panties_ . 15 Play shorts, light cotton_ . 25 Play shorts, heavy cotton_ . 40 Skirts, plain_ . 40 Skirts, pleated_ . 75 Slacks__ . 35 Slack suits_ . 65 Slips, cotton, rayon, silk_ . 25 Slips, half___ . 15 Smocks_ . B0 Sweaters, except wool_ . 35 Uniforms_ . 30 Miscellaneous household Items: Bathmats_ .10 Bedspreads, plain and light chenille. . 50 Bedspreads, heavy chenille_ 1.00 Blankets_ , 40 Comforts, except silk_ . 50 Miscellaneous household Laundering and items—Continued finishing Comforts, silk_$1. 50 Curtains, except silk_ . 60 Curtains, shower_ . 35 Laundry bags_ . 10 Mattress covers_ . 45 Mosquito nets_ . 50 Bed pads_ . 50 Pillowcases_ . 15 Rag rugs_ 1 .20 Sheets, regular size_ . 30 Sheets, half_ . 20 Tablecloths, small_ . 15 Tablecloths, medium_ . 20 Tablecloths, large_ . 30 Table napkins_ . 07 Bath towels_ . 15 Towels, face_ . io Towels, hand and kitchen__ . 10 Washcloths _ . 05 1 Per square foot. Note: Commercial laundry concerns may add a surcharge not to exceed 25 percent of the total charge for laundering items on a 24-hour service basis. If such service Is spe¬ cially requested by the customer. Sec. 3. Posting. On and after the ef¬ fective date of this territorial supple¬ mentary regulation you must post in your establishment, in a place clearly visible to your customers, the ceiling prices es¬ tablished by this territorial supplemen¬ tary regulation for the services you sell. Sec. 4. Definitions. As used in this territorial supplementary regulation to CPR 34 the following terms have the fol¬ lowing meanings: (a) “Cleaning” means the dry clean¬ ing of a garment or item, including the spotting thereof. “Finishing” means the pressing of a garment or item. Effective date: This territorial supple¬ mentary regulation to CPR 34 shall be¬ come effective February 20, 1952. Michael V. DiSalle, Director of Price Stabilization. February 15, 1952. FILE following 85 Serv 32:303 (8-22-51) 85 Serv 32:303 Ceiling Price Regulation 34 Supplementary Regulation 1 Amendment 1 AUGUST 22, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON Wholesale Dry Cleaning, Finishing and Dyeing Prices in Westchester County, N. Y. TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Arndt. 1 to Sup¬ plementary Regulation 1] CPR 34—Services SR 1— Wholesale Dry Cleaning, Finish¬ ing and Dyeing in the New York City Area WESTCHESTER COUNTY, NEW YORK Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 (15 F. R. -6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment to Sup¬ plementary Regulation 1 (16 F. R. 5698) to Ceiling Price Regulation 34 (16 F. R. 4446) is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to Supplementary Regulation 1 to Ceiling Price Regulation 34 authorizes wholesalers of dry clean¬ ing, finishing and dyeing services in Westchester County, New York, to revert to prevailing prices charged prior to June 14, 1951 for cleaning and finishing cer¬ tain garments. Since 1942, prices for wholesale clean¬ ing and finishing services have been slightly higher in Westchester County than in the other seven counties in the New York City area. At the time Sup¬ plementary Regulation 1 was issued, the fact that there existed in Westchester County a slightly higher price differen¬ tial for the cleaning and finishing of certain garments was not taken into con¬ sideration when the schedule of prices was prepared, thus resulting in a roll¬ back of certain prices charged by five or six plants servicing this County. There¬ fore, this action not only precluded the recovery of increased labor and material costs by those plants, but instead re¬ duced some of their prices. This amendment merely restores to wholesalers selling services in West¬ chester County prices prevailing prior to the issuance of Supplementary Regula¬ tion 1 for cleaning and finishing certain garments. The limited nature of the provisions of this amendment to Supplementary Regulation 1 made it unnecessary to con¬ sult formally with industry representa¬ tives. However, various representatives from the affected service fields were in¬ formally consulted and consideration was given to their recommendations. In the judgment of the Director of Price Stabilization the provisions of this reg¬ ulation are generally fair and equitable and are necessary to effectuate the pur¬ poses of Title IV of the Defense Produc¬ tion Act of 1950, as amended. AMENDATORY PROVISIONS Supplementary Regulation 1 to Ceiling Price Regulation 34 is hereby amended in the following respects: 1. Paragraph (a) of section 3 is amended by adding in the first sentence after “Westchester”, the following, “(with certain exceptions set forth in subparagraph (3)) ”, so that section 3(a) reads as follows: Sec. 3. Ceiling prices, (a) The ceiling prices which may be charged by sellers of wholesale cleaning, finishing and dye¬ ing services in the counties of Bronx, Kings, Nassau, New York, Queens, Rich¬ mond, Suffolk and Westchester (with certain exceptions set forth in subpara¬ graph (3) of this paragraph), New York, shall be as follows: 2. The subparagraph entitled “(a)” of paragraph (a) of section 3 is amended by striking the letter “(a)” in the first line thereof and inserting in its place the figure “(1)”. 3. The subparagraph entitled “(b)” of paragraph (a) of section 3 is amended by striking the letter “(b)” in the first line thereof and inserting in its place the figure “(2)”. 4. A new subparagraph (3) is added to paragraph (a) of section 3 to read as follows: (3) Certain exceptions in Westchester County, New York. In the area begin¬ ning with the Bronx-Westchester line and extending north, east and west to the limits of and including the City of White Plains, the ceiling prices for “Sales to Outlets”, “Cleaned and Finished”, for Men’s, Women’s and Children’s Suits, Topcoats, Overcoats and Children’s Dresses and Ladies Dresses (plain—up to 4 pleats) shall be $.60. In the area be¬ ginning with the North City Line of the City of White Plains and extending north, east and west for the remainder of Westchester County, the ceiling prices for “Sales to Outlets”, “Cleaned and Finished” for Men’s, Women’s and Chil¬ dren’s Suits, Topcoats, Overcoats and Children’s Dresses and Ladies’ Dresses (plain—up to 4 pleats) shall be $.60; for “Sales to Outlets”, “cleaned only”, the ceiling prices for Men’s, Women’s and Children’s Suits, and Children’s Dresses and Ladies’ Dresses (plain—up to 4 pleats) shall be $.30. All other prices in Schedule A are applicable to whole¬ sale dry cleaning and finishing and dye¬ ing services in Westchester County, New York. Effective date. This amendment shall become effective on August 27, 1951. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154) Michael V. DiSalle, Director, Office of Price Stabilization. August 22, 1951. * ( HI ^ ' ■ . - . y.- w L FILE following 85 Serv 32:T302 (10-1-52) 85 Serv 32:T401 Recapping and Retreading Services in the Virgin Islands OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 34 Territorial Supplementary Regulation 2 OCT. 1, 1952 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Celling Price Regulation 34, Territorial Supplementary Regulation 2] CPR 34— Services TSR 2—RECAPPING AND RETREADING SERVICES IN THE VIRGIN ISLANDS Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161 and Economic Stabilization Agency General Order No. 2, this Terri¬ torial Supplementary Regulation to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Territorial Supplementary Regu¬ lation 2 to Ceiling Price Regulation 34 establishes dollars - and - cents ceiling prices for sales at retail in the Virgin Islands of the United States, of the serv¬ ices of recapping and retreading of pas¬ senger car tires and recapping of truck tires. Previously, sales of such services were covered by Ceiling Price Regulation 34 which froze the seller’s prices at the levels prevailing in the period December 19. 1950, to January 25, 1951. The recapping and retreading of tires is a relatively new and important service in the Virgin Islands. Heretofore, per¬ sons desiring such services were obliged to ship their tire carcasses to Puerto Rico for processing. This was an expen¬ sive method since, in addition to the cost of recapping or retreading, the customer incurred transportation costs to and from Puerto Rico. Prices for recapping and retreading services have been fairly stable over the past two years, due principally to com¬ petition. Recently, however, one of the two plants in operation in the Virgin Islands discontinued the service. At present, the sole supplier of recapping and retreading services is located on the island of St. Thomas, Virgin Islands, which is the servicing center for the Virgin Islands. It is, therefore, desirable to establish retail dollars-and-cents ceil¬ ing prices for these services to prevent individual price variations, and to fur¬ nish guidance to purchasers on the is¬ lands or St. Croix and St. John as to the current authorized prices they should pay for these services. The ceiling prices established by this Territorial Supplementary Regulation are the same prices that were charged for these services in this area during the base period December 19, 1950, to Janu¬ ary 25, 1951. In formulating this Territorial Sup¬ plementary Regulation, the Director of Price Stabilization has consulted with representatives of the industry and has given full consideration to their recom¬ mendations. In the judgment of the Director, the prices established by this territorial price regulation are generally fair and equitable and are necessary to effectuate the purposes of Title TV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. What this territorial supplementary regu¬ lation does. 2. Ceiling prices. 3. Posting. 4. Definitions. Authority: Sections 1 through 4 issued under Sec. 704, 64 Stat. 816 as amended; 50 U. S. C. App. Sup., 2154. Interpret or apply Title IV, 64 Stat. 803, as amended: 50 U. S. C. App. Sup., 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 CFR, 1950 Supp. Section 1. What this territorial sup¬ plementary regulation does. This ter¬ ritorial supplementary regulation estab¬ lishes dollars-and-cents ceiling prices for sales at retail in the Virgin Islands of the United States of the service of recapping and retreading passenger car tires and recapping of truck tires. All provisions of CPR 34, except as changed by the pric¬ ing provisions of this territorial supple¬ mentary regulation shall remain in full force and effect. Sec. '2. Ceiling prices. Ceiling prices for the service of recapping and retread¬ ing of passenger car tires and recapping of truck tires in the Virgin Islands of the United States are established as follows: (a) Schedule A—Retail ceiling prices for recapping and retreading of pas¬ senger car tires: Tire Size Recapping Retreading 4.75 x 19—4 or fi ply. $8. 70 5.50 x 16—4 or 6 ply. 8. 50 6.00 x 15—4 or 6 ply 8. 50 6.00 x 16—4 or 6 ply. 8. 50 $10.50 6.50 x 15—4 or 6 ply.. 9.90 12.25 6.50 x 16—4 or 6 ply. 10.20 12.25 7.00 x 15—4 or 6 ply. 11.90 13. 90 7.00 X 16—4 or 6 ply. 12. 10 13 90 6.40 x 15—4 or 6 ply . 9. 50 9. 50 6.70 x 15—4 or 6 ply.. 10.50 11.25 6.70 x 16—4 or 6 ply. 10.70 11.25 7.10 x 15—4 or 6 ply. 11.25 12.25 7.10 x 16-4 or 6 ply. 11.50 12.25 7.60 x 15—4 or 6 ply. 12.25 13.90 7.60 x 16—1 or 6 ply. 12. 50 13.90 8.20 x 15—4 or 6 ply. 14. 60 16.00 8.20 x 16—4 or 6 ply..-. 14.90 16.00 (b) Schedule B—Retail ceiling prices for recapping of truck tires. Tire size: Recapping 6.50 x 16—6 or 8 ply._.$11. 15 7.00 x 17—8 ply.. 15. 50 7.00 x 20—8 or 10 ply... 16. 70 7.50 x 16—6 or 8 ply__ 18.10 7.50 x 17—8 ply. 18. 50 7.50 x 20—8 or 10 ply—. 18. 90 8.25 x 20—10 or 12 ply. 25. 45 9.00 x 20—10 or 12 ply. 29. 95 Sec. 3. Posting. On and after the ef¬ fective date of this territorial supple¬ mentary regulation you must post in your establishment, in a place clearly visible to your customers, the ceiling prices established by this territorial supple¬ mentary regulation for recapping and retreading services. Sec. 4. Definitions. As used in this territorial supplementary regulation to CPR 34 the following terms have the following meanings: (a) “A ply” is a layer of cord. (b) “Carcasses” means worn tires to which camelback is applied to make re¬ capped and retreated tires. (c) “Retread” means to furnish a tire carcass completely with a new tread. (d> “Recap” means to furnish a tire carcass with the top tread only. Effective date. This territorial supple¬ mentary regulation to CPR 34 shall become effective October 6,1952. Joseph H. Freehill, Acting Director of Price Stabilization. October 1, 1952. i •. > 30 38 ... ■ ■ .• • J .-•• • ■' • •• •: •• ' ' ■ e .v. • . .. - A'..' • /7. 0 y' v {j * !>. 0« 1 ; ' .. /ill W »— ... l>‘. 1 ' yf i iM i.7 > • ’ %■: IV. ... .-. .-..A •.> AS 0- » u * v a— ■ -At* ■ ■ , - ", .«>* - }— . v & . . v ■ -.;C» i '?! . ■: ’• ■ <- O' A i .1m<* ■ feat; :• .. > • • . i i * • ■ ’ A 4 • n ■ : r ■ ' ' ^ S ' r t O) ?. *Mt» ' ' • •* ' • ’> • ' v ' - | O o • ii tJ* - ,>• ■' ■ : j-h jOt-T . oiw . . • - , . : ■ ' "’l‘ ■ .. • < •• .. o .*& J, 18 if • ij-.t <-c. r. ..87 . f! .. < V -7 : '. r - :' . • >; - . - ' ‘ .. , i % l?.'- ?,-■ M . • : •*. f • / ss I : ■ *.!•; • 5 as u • / • 7 ij'J \ • •.•>. - ‘ f -v. - . .. • . • . 9 • . . - ,.r , hshnt.r.i. 7. n ■ -*,Y T»}'- -J»lc •• « j " i ■ r - ■ firi • ‘■i. hi .'•» c •’ : xi jw v -f •>7/ } ■ • • V* • i ; r : ... ■ i • ••• • ; : ” . .7 -’ 1 1 ’ ’ (' ■Jti ■ v : ’ ‘ • 1 : '.«u. • ' .. r ' >i, >i t • r>i o - it ■ f i " j : - ' •>. . : : ?•: • v ■: ■: r .«-A£e u-r • . O .-O > • g. 4 •-< . i .. » :ia. ■ Sj.ytA- yje n: 7 . 31 S. ■I . ’ -lO O -.X3 ,0cf: 10 j ■ -. ' .... . j " -li.- a. . 'J id ‘ " > . nr- KXt . ehfX - i ->•* ‘.f ; '■ ■ ■' .• i: ■ ... <**' ;.> !8 ■ i - ■* -. ' ' • - A ■ ' "7 • • ‘ 1 .'' .>01 t M ■ . u • - A : ■ • A .1 j m w' /J?r- ; &i %. J .•»'.> .• i L !. ■ J .11 t ' -: > « ill . • » a -;7t. \ .. ■ n . ’ .o: im.r. 5 • '<•: • ,i tl' ••Vv.j «»! • K, ' ’i VB ; v- - '•»!: »/ ■ ■> iV FILE following 85 Serv 32:303 (8-27-51) 85 Serv 32:401 Cotton Ginning Ceiling Price Regulation 34 Supplementary Regulation 2 AUG. 27, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Supplementary Regulation 2] CPR ?4—Services SR 2—COTTON GINNING Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161 (15 F. R. 6105), and Eco¬ nomic Stabilization Agency General Order No. 2 (16 F. R. 738), this supple¬ mentary regulation to Ceiling Price Reg¬ ulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 2 to Ceiling Price Regulation 34 permits cot¬ ton ginners to increase their cotton ginning, bailing and wrapping rates per bale during the regular ginning season commencing with the regular 1951 cotton ginning season. The increase permitted is 6 percent above the rates prevailing during the regular 1950 cotton ginning season. Thus, if during the regular 1950 cotton ginning season, a cotton ginner charged $12 for ginning, baling and wrapping, he may now charge 6 per¬ cent more for these services, or $12.72. Under section 8 of Ceiling Price Regula¬ tion 34, which relates to seasonal services, a distinction was made for services which employed less than eight indi¬ viduals. This supplementary regula¬ tion applies to all cotton ginners regard¬ less of the number of employees. In section 8 of Ceiling Price Regulation 34, the percentage increase in rates over those charged in 1950 allowed to those engaged in seasonal services, such as cotton ginners, decreased with the passage of time, so that, for example, those who ginned in May through June were permitted a 7 percent increase over 1950 rates, while those who ginned in September were permitted only a 4 per¬ cent increase. Since the season for cotton ginning does not begin at the same time for all sections in cotton pro¬ ducing areas, such section 8 of Ceiling Price Regulation 34 was unfair to those who ginned later in the year in the more northerly cotton ginning areas, because cotton ginners, by and large, make their commitments in the early spring so that their costs and cost in¬ creases were generally uniform. The 6 percent adjustment hereby permitted will tend generally to equalize the return to cotton ginners irrespective of the geographical location of their cotton gins. The costs of ginning cotton have risen appreciably since the end of the regular 1950 cotton ginning season due to the increased cost of labor and material. A study of typical costs reveals that between the regular 1950 and 1951 cotton ginning seasons, direct labor costs have risen by an estimated 71 cents per bale and that the cost of wrapping (which includes bagging and ties) has risen by approximately 50 cents per bale. On the basis of this information, it would appear that the average increase in di¬ rect labor and material costs per bale is in excess of 10 percent of the 1950 average ginning, wrapping and baling charge. The large cotton crop esti¬ mated for 1951, together with the fact that this is a decreasing cost industry, indicates that the 6 percent increase permitted in the supplementary regula¬ tion will be sufficient to allow cotton gin¬ ners their normal margin of profit. The immediate need to provide for the hardship in which the cotton ginning In¬ dustry has found itself inhibited con¬ sultation formally with industry repre¬ sentatives. However, various represent¬ atives from the affected service fields were informally consulted and consid¬ eration was given to their recommenda¬ tions. In the judgment of the Director of Price Stabilization the provisions of this regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Celling Price Regulation 34. 3. Celling prices. 4. Piling. 5. Definitions. Authority : Sections 1 to 5 issued under sec. 704, 64 Stat. 816, as amended; 60 U. S. C. App. Supp. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Supp. 2101-2110, E. O. 10161, 8ept. 9, 1950, 15 P. R. 6105, 3 CPR, 1950 Supp. Section 1. Purpose. The purpose of this regulation is to permit cotton gin¬ ners to increase their 1951 regular sea¬ son cotton ginning, wrapping and baling rates per bale by 6 percent above the rates prevailing during the regular 1950 cotton ginning season, and to treat all members of the cotton ginning industry equally, irrespective of size, number of employees or geographical location. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, except as affected by the pricing provisions of this supple¬ mentary regulation, shall remain in full force and effect. Sec. 3.'Ceiling prices. You are now permitted to increase the rates charged per bale for ginning, wrapping and bal¬ ing cotton by 6 percent above the rates you charged per bale for ginning, wrap¬ ping and baling during the regular 1950 cotton ginning season. Sec. 4. Filing. Within 10 days after establishing your ceiling price under this regulation, you must file with the dis¬ trict office of the Office of Price Sta¬ bilization, in accordance with section 18 (c) of Ceiling Price Regulation 34. Sec. 5. Definitions, (a) As used in this supplementary regulation to Ceiling Frice Regulation 34: (1) The term “ginning” means the mechanical separation of cotton seed from the lint cotton or cotton fibre. (2) The term “wrapping and baling” means the forming of lint cotton into a standard size bale which is then covered with a suitable bagging and wrapped with steel ties. (3) The term “regular 1950 cotton ginning season” means, with respect to the area or areas in which you ginned cotton, the customary season for ginning cotton during 1950, and which ended prior to December 19, 1950. Effective date. This order shall be¬ come effective September 1, 1951. Michael V. DiSalle, Director. Office of Price Stabilization. August 27, 1951. FILE following 85 Serv 32:401 (8-30-51) 85 Serv 32:501 Ceiling Price Regulation 34 Supplementary Regulation 3 AUG. 30, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON Approval of Certain Automotive and Farm Tractor Repair Service Flat Rate Manuals TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Supplementary Regulation 3] CPR 34 —Services SR 3—APPROVAL OF CERTAIN AUTOMOTIVE AND FARM TRACTOR REPAIR SERVICE FLAT RATE MANUALS Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Supplementary Reg¬ ulation 3 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS Paragraph (g) of section 12 of Ceiling Price Regulation 34, provides that if dur¬ ing the base period December 19, 1950, to January 25, 1951, inclusive, a person subject to the regulation used a flat rate manual to determine a price, such person must continue to use the same manual and that he may not use a new edition of such manual unless the use of that manual has been approved by the Direc¬ tor of Price Stabilization. This Supplementary Regulation 3 to Ceiling Price Regulation 34 is being is¬ sued to provide a single repository for such flat rate manuals or labor schedules as the Director of Price Stabilization may approve. In addition to the manuals or labor schedules which are initially ap¬ proved in this supplementary regula¬ tion, a provision is made to expand the list issued since the base period, when the publishers of such manuals or labox 1, schedules submit them for approval. The flat rate manuals or labor sched¬ ules, for which approval has been re¬ quested and which by this Supplemen¬ tary Regulation 3 is granted are: (a) Motor’s Factory Flat Rate and Shop Manual, 23rd Edition 1951; (b) Packard Flat Rate Manual, 24th Series, Form Lr-207A, March, 1951; (c) Allis-Chalmers Farm Tractor Manual for Models WC, CA and G, March, 1951; (d) Implement and Tractor Shop Book, Volume II, 1951 Edition. (e) Chilton’s Motor Age Flat Rate and Service Manual, 22nd Edition, 1951. Under the provisions of this supple¬ mentary regulation, the user of the flat rate manuals or labor schedules is re¬ quired to apply his customers’ hourly rate established under Ceiling Price Regulation 34 to the labor time allow¬ ances listed for the various automotive and farm tractor jobs in the manuals or schedules. The publisher of each flat rate manual or labor schedule, which is approved in this supplementary regulation, shall notify each user of such approval. A new user of a new edition or new flat rate manual or labor schedule must file a statement with his local OPS district office setting forth the name and edition of the manual or labor schedule, the services to be priced thereunder and his customers’ hourly rate. The OPS, how¬ ever, reserves the right within 10 days thereafter to disapprove of that rate. A user of an existing manual or schedule for certain services, who applies to his local OPS district office for permission to substitute therefor a new edition of a flat rate manual or labor schedule may do so after a waiting period of 10 days, if within that time his application is not disapproved by that district office. A provision is included in the regulation permitting a dealer who adds a make of vehicle to his dealership, or who changes his dealership from one manufacturer to another, to use the manufacturers’ ap¬ proved factory manuals or labor schedules for the make of vehicle added to the dealership or to which the dealer has changed. A new seller establishing his price under sections 6 or 7 of Ceiling Price Regulation 34 must use approved edi¬ tions of the flat rate manuals or labor schedules used by his closest competitor if his closest competitor uses flat rate manuals or labor schedules. Consideration of the labor time allow¬ ances listed in these publications shows that the use of these manuals or sched¬ ules will not generally increase the level of prices for automotive and farm trac¬ tor repair services, and will permit the users of such manuals or schedules to use their customary pricing method in de¬ termining the price for various repair jobs for which the labor time allowance may be modified or changed due to changes in late model equipment. The routine character of the provisions of this supplementary regulation made it unnecessary to consult formally with industry representatives, although wher¬ ever feasible various representatives from service fields were informally con¬ sulted and consideration was given to their recommendations. In the judg¬ ment of the Director of Price Stabiliza¬ tion the provisions of this regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. What this supplementary regulation does. 2. Manuals or labor schedules affected. 3. Persons using manuals or labor schedules. 4. Amendments. Authority: Sections 1 to.4 issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Supp. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 CFR, 1950 Supp. Section 1. What this supplementary regulation does. This supplementary regulation permits sellers of automotive and farm tractor repair services to es¬ tablish ceiling prices for such services by multiplying their established custom¬ ers’ hourly rate by the applicable labor time allowances specified in the respec¬ tive manuals and labor schedules as per¬ mitted in sections 2 or 3 of this supple¬ mentary regulation, provided such sell¬ ers comply with all the conditions of the “Notices” set forth in the Appendices. Sec. 2. Manuals or labor schedules af¬ fected. Approval for the use of the fol¬ lowing manuals or labor schedules is hereby granted by the Director of Price Stabilization: (a) Motor’s Factory Flat Rate and Shop Manual, 23rd Edition, 1951. (b> Packard Flat Rate Manual, 24th Series, Form L-207A, March, 1951. (c) Allis-Chalmers Farm Tractor Manual for Models WC, CA and G, March, 1951. (d) Implement and Tractor, Shop Book, Volume II, 1951 Edition. (e) Chilton’s Motor Age Flat Rate and Service Manual, 22nd Edition, 1951. Provided, however, That no manual or schedule is approved for use unless the appropriate “Notice” set forth in full in the Appendices of this Supplementary Regulation 3 shall be attached thereto. Sec. 3. Persons using manuals or labor schedules —(a) Sellers who did not use a flat rate manual or labor schedule dur¬ ing the base period. If you are a seller of automotive or farm tractor repair services and during the base period you did not use a flat rate manual or labor schedule to determine the hourly time allowance for all or a part of your serv¬ ices but desire to do so now you may select a specific edition of a flat rate manual or labor schedule that has been approved by this supplementary regu¬ lation. After selecting such edition or such new manual or schedule, you must file with your district office of the Office of Price Stabilization a statement or sup¬ plementary statement identifying the manual or schedule selected and the types of repair services not previously priced by this method to which your selection applies and showing your cus¬ tomers’ hourly rate. You must then use the edition or new manual or schedule that you have se¬ lected to determine the time allowance for those repair services, unless you are notified by your district office within 10 days after filing your statement that such use has been disapproved, in which 85 Serv 32:502 event you shall immediately discontinue the use of that edition or new manual or schedule for the named services and otherwise comply with the terms of that notice. You may not, however, in any event increase the customers’ hourly rate which you charged in the base period. (b) Sellers who used a flat rate man¬ ual or labor schedule during the base :period . If you are a seller of automo¬ tive or farm tractor repair services and during the base period you used flat rate manuals or labor schedules to determine the hourly time allowance for all or part of your such services, you must continue to use the same manuals or schedules now, for the same services. You may substitute therefor a subsequent edition of any such manual or schedule which is approved by this supplementary regula¬ tion, for the same services. Such sub¬ stitution may be made 10 days after you file with your district office of the Office of Price Stabilization a statement identi¬ fying the new edition of the manual or schedule to be used, and stating that the repair services to be priced by reference to the manual are identical with those theretofore determined by the manual or schedule being replaced as reported to the Office of Price Stabilization by you under section 18 of Ceiling Price Regula¬ tion 34 unless within that period of time such district office notifies you that such use has been disapproved. You may not however in any event increase the customers’ hourly rate which you charged in the base period and reported to the Office of Price Stabilization under section 18 of Ceiling Price Regulation 34. (c) Dealers. If you are a dealer who used a flat rate manual or labor schedule issued by the manufacturer for whom you are a dealer to determine the hourly time allowance for certain automotive or farm tractor repair services of a manufacturer’s products during the base period, and since January 25, 1951 you have become a dealer for another manu¬ facturer, you may use a flat rate manual or labor schedule which such other manufacturer issues to determine the hourly rate applicable to his products for repair services you sell, if such man¬ uals or labor schedules or additions thereof were issued prior to January 26, 1951 or are approved by this supple¬ mentary regulation. If no such ap¬ proval has been had you must in deter¬ mining the hourly time allowance for such services comply with the provisions of paragraph (a) of this section. For all other repair services for which you use or desire to use a flat rate manual or labor schedule to determine the time allowance during the base pe¬ riod you will be governed by the provi¬ sions of paragraph (a) or (b) of this section. (d) New seller. If you are a new seller of automotive or farm tractor re¬ pair services and establish your ceiling price pursuant to sections 6 or 7 of Ceil¬ ing Price Regulation 34, you must, if your closest competitor uses a flat rate manual or labor schedule to determine the time allowance for such repair serv¬ ices, use the editions thereof approved by this supplementary regulation and otherwise comply with the applicable provisions of paragraph (a) of this section. Sec. 4. Approval of additional manuals mid schedules and amendments. Any publisher of a flat rate manual or labor schedule who issues a new edition of such flat rate manual or labor schedule which supersedes, supplements or modifies the labor time allowance in previous editions of such flat rate manual or labor sched¬ ule in use during the base period, De¬ cember 19, 1950 to January 25, 1951 in¬ clusive, or a publisher of a new flat rate manual or labor schedule may apply to the Director of Price Stabilization for approval of such flat rate manual or labor schedule, which approval if the re¬ quirements are 'met, will be granted through an amendment of this supple¬ mentary regulation, and an additional appendix setting forth the requirements for the use of such manual will be added to this supplementary regulation. Effective date. This Supplementary Regulation shall become effective on September 4, 1951. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports ACt of 1942. Michael V. DiSalle, Director, Office of Price Stabilization. August 30. 1951. APPENDIX A This is the “Notice” for Motor’s Factory Flat Rate and Shop Manual, 1951 edition: NOTICE You are permitted by OPS to use this manual to arrive at your ceiling price for a given Job: If— (1) You use the conversion table on the inside back cover and its opposite page and reduce the price list here for that job to one based upon your own customers’ hourly rate if it is below $3.50; and (2) Your present ceiling price for that Job is not a “fixed charge” which is lower than the price set for you by this Manual (a Axed charge is a charge not computed on the basis of an hourly rate. Examples: Relining brakes on 1950 Blank Cars, $_ Quick tune-up, all Blank Models, $_); and (3) On a towing charge, your present ceil¬ ing price is not lower than the price set for you by the use of the suggested schedule of towing prices on page 1 of this Manual; ana (4) The supplementary statement which you file shows that the Job is included among those Jobs which you will hereafter price bv the use of this Manual. (You must file with your District OPS Office in accordance with section 18 of Ceiling Price Regulation 34 your intention to use all or any part of this Manual for pricing purposes.) Important: In case you are in doubt about Office 06111118 prlces ' consult your District OPS Appendix B Manually ^ ,,Notice ’’ for Packard Flat Rate NOTICE You are permitted by OPS to use this manual to arrive at your ceiling price for a given Job: If— (1) You use the conversion table on pages 74 and 75 of Packard Flat Rate Manual for models 1941 to 1949 dated January 1950 and reduce the price listed here for that Job to one based on your own customers’ hourly rate; and (2) Your present celling price for that Job is not a “fixed charge” which is lower than the price set for you by this Manual (a fixed charge is a charge not computed on the basis of an hourly rate. Example: Quick tune-up, all Blank Models, $_, relining brakes on 1950 Blank Cars, $_); and (3) The supplementary statement which you file shows that the Job is included among those Jobs which you will hereafter price by use of this Manual. (You must file with your District OPS Office in accordance with section 18 of Ceiling Price Regulation 34 your intention to use all or any part of this Manual for pricing purposes.) Important: In case you are in doubt about your ceiling prices, consult your District OPS Office. Appendix C This is the "Notice” for Allis-Chalmers Farm Tractor Flat Rate Manual: NOTICE You are permitted by OPS to use this manual to arrive at your ceiling price for a given Job: If— (1) You use the conversion table on Page D and reduce the price list here for that Job to one based on your own customers’ hourly rate: and (2) Your present ceiling price for that Job is not a “fixed charge” which is lower than the price set for you by 'this Manual (a fixed charge is a charge not computed on the basis of an hourly rate. Example: Quick tune-up, all Blank Models, $-); and (3) The supplementary statement which you file shows that the Job is included among those Jobs which you will hereafter price by the use of this Manual. (You must file with your District OPS Office in accordance with section 18 of Ceiling Price Regulation 34 your intention to use all or any part of this Manual for pricing purposes.) Important: In case you are in doubt about your ceiling prices, consult your District OPS Office. Appendix D This is the “Notice” for Implement and Tractor’s Shop Book, Volume II, 1951 edition, containing farm tractor flat rates: NOTICE You are permitted by OPS to use this manual to arrive at your ceiling price for a given Job: If— (1) You use the conversion table on the inside back cover and reduce the price listed here for that Job to one based on your own customers’ hourly rate if it is' below $2.50; and (2) Your present celling price for that Job is not a “fixed charge” which Is lower than the price set for you by this Manual (a fixed charge is a charge not computed on the basis of an hourly rate. Example: Quick tune-up, all Blank Models, $_); and (3) The supplementary statement which you file shows that the Job is Included among those Jobs which you will hereafter price by the use of this Manual. (You must file with your District OPS Office in accordance with section 18 of Ceiling Price Regulation 34 your intention to use all or any part of this Manual for pricing purposes.) Important: In case you are in doubt about your ceiling prices, consult your District OPS Office. 85 Serv 32:503 Appendix E This Is the "Notice” for Chilton’s Motor Age Flat Rate and Service Manual, 22nd Edition, 1951: , NOTICE You are permitted by OPS to use this manual to arrive at your maximum labor charge for a given Job: If— (1) You use the conversion table on pages 1228 and 1229 and reduce the price list here for that Job to one based upon your own au¬ thorized customers’ hourly rate if it is below $3.00; and (2) Your present legal ceiling price for that Job is not a "fixed charge” which is lower than the price set for you by this Manual. (A fixed charge is a charge not computed on the basis of an hourly rate. Examples: Relining brakes on 1950 Blank Cars, $_ Quick tune-up, all Blank Models, $_); and (3) On a towing charge, your present cell¬ ing price is not lower than the price set for you by the use of the suggested schedule of towing prices on page 1227 of this Manual; and (4) The supplementary statement which you file shows that the Job is included among those Jobs which you will hereafter price by the use of this Manual. (You must file with your District OPS Office in accordance with section 18 of Ceiling Price Regulation 34 your intention to use all or any part of this Manual for pricing purposes.) Important: In case of any doubt about your ceiling prices always consult your Dis¬ trict OPS Office. ' » ■ ' •: ■ » ■ .. ✓ §~t 1 : b [T • fa r > r -.1 -s . ' ! • " i .1 . !stm “■ T'!’’ • ■ •. :.v..: ' '• ■ , • - . -rr»! 4 • • «• " -**:r -.c v r •• S .:i ’ViAf'O * ■ . ’ i • ' ► . . ' .. v . . ..«' '»-13784 /xi..,ust 1951): 85 Serv 32:509 NOTICE You are permitted by OPS to use this Manual to arrive at your ceiling price for a given Job: If— (1) You use the Labor Conversion Table on pages 6 and 7 In the back part of the Manual to compute the celling price for each Job, by multiplying the time allowance of each operation by your customers' hourly rate, which you charged in the base period, December 19, 1950 to January 25, 1951, In¬ clusive; and (2) Your present ceiling price for that Job, as determined under section 5 of Ceiling Price Regulation 34, is not a “fixed charge" which is lower than the price you deter¬ mined by the use of this Manual (a fixed charge is a charge not computed on the basis of the hourly rate. Examples: Minor tune- up, all Blank Models, $_Relining brakes on 1951 Model Cars, $_); and (3) The supplementary statement which you file shows that the Job is included among those Jobs for which you will hereinafter determine your ceiling price by use of this Manual. (You must file with your OPS Dis¬ trict Office In accordance with Section 18 of Ceiling Price Regulation 34 your Intention to use all or any part of this Manual for pricing purposes.) Important: In case you are in doubt about your ceiling prices, consult your OPS District Office. This Notice must be attached to your manual. Appendix O This Is the “Notice" for the Pontiac Flat Bate Manual, 1949-50-51 as supplemented by Pontiac Supplement to Flat Rate Manual 1949-50-51: NOTICE You are permitted by OPS to use this Manual, and you must use the Supplement, to arrive at your celling price for a given Job: If— (1) You use the computation table printed on pages 135 to 137 of the Pontiac Flat Rate Manual 1949-50-51 to compute the ceiling price for each Job, by multiplying the time allowance of each operation by your cus¬ tomers' hourly rate, which you charged in the base period, December 19, 1950 to Janu¬ ary 25, 1951, Inclusive; and (2) Your present ceiling price for that Job, as determined under section 5 of Ceiling Price Regulation 34, is not a "fixed charge" which is lower than the price you deter¬ mined by the use of this Manual (a fixed charge is a charge not computed on the basis of the hourly rate. Examples: Minor tune- up, all Blank Models, $_, Relinlng brakes on 1951 Blank Cars, $_); and (3) The supplementary statement which you file shows that the job is included among those jobs for which you will hereinafter determine your ceiling price by use of this Manual. (You must file with your OPS Dis¬ trict Office in accordance with section 18 of Ceiling Price Regulation 34 your intention to use all or any part of this Manual for pricing purposes.) Important: In case you are in doubt about your ceiling prices, consult your OPS Dis¬ trict Office. This Notice must be attached to your manual. Appendix P This is the “Notice" for the Studebaker Operation Step and Time Guide, 1951 Cham¬ pion, Commander: NOTICE You are permitted by OPS to use this manual to arrive at your ceiling price for a given Job: If— (1) You use the computation table on the pink sheet near the front of the manual pre¬ ceding “Group A, page 1” of the Studebaker Operation Step and Time Guide, 1951 Cham¬ pion, Commander, to compute the ceiling price for each Job, by multiplying the time allowance of each operation by your cus¬ tomers’ hourly rate, which you charged in the base period, December 19, 1950 to Janu¬ ary 25, 1951, inclusive; and (2) Your present ceiling price for that job, as determine under section 5 of Ceiling Price Regulation 34, is not a “fixed charge” which is lower than the price you determined by the use of this Manual (a fixed charge is a charge not computed on the basis of the hourly rate. Examples: Minor tune-up, all Blank Models, $_, Relining brakes on 1951 Blank Cars, $_); and (3) The supplementary statement which you file shows that the Job is included among those Jobs for which you will hereinafter de¬ termine your ceiling price by use of this Manual. (You must file with your OPS Dis¬ trict Office in accordance with section 18 of Ceiling Price Regulation 34 your intention to use all or any part of this Manual for pricing purposes.) Important: In case you are in doubt about your ceiling prices, consult your OPS District Office. This Notice must be attached to your manual. Appendix Q This is the “Notice” for the Studebaker Preliminary Service Operation Time Guide covering Studebaker Automatic Drive Sub- assemblies and Miscellaneous Parts: NOTICE You are permitted by OPS to use this manual to arrive at your ceiling price for a given job: If— (1) You use the Computation Table on the pink sheet near the front of the Stude¬ baker Operation Step and Time Guide, 1951 Champion, Commander, to compute the ceil¬ ing price for each job, by multiplying the time allowance of each operation by your customers’ hourly rate, which you charged in the base period, December 19, 1950 to January 25, 1951, inclusive; and (2) Your present ceiling price for that Job, as determined under section 5 of Ceiling Price Regulation 34, is not a “fixed charge" which is lower than the price you deter¬ mined by the use of this Manual (a fixed charge is a charge not computed on the basis of the hourly rate. Examples: Minor tune- up, all Blank Models, $_, Relining brakes on 1951 Blank Cars, $_); and (3) The supplementary statement which you file shows that the Job is included among those jobs for which you will hereinafter de¬ termine your ceiling price by use of this Manual. (You must file with your ( PS Dis¬ trict Office in accordance with section 18 of Ceiling Price Regulation 34 your intention to use all or any part of this Manual for pricing purposes.) Important: In case you arg in doubt about your ceiling prices, consult your OPS District Office. This Notice must be attached to your manual. . . . ■b_ / •- . * •• V V ‘ fS'SEHV JZ-S'Q't $5* sEZy/JZ-rf/ FILE following (2-27-52) Approval of Additional Ceiling Price Regulation 34 Flat Rate Manuals Supplementary Regulation 3 Amendment 2 FEB. 27, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Celling Price Regulation 34. Supplementary Regulation 3, Amdt. 2( CPR 34— Services SR 3—APPROVAL OF CERTAIN AUTOMOTIVE AND FARM TRACTOR REPAIR SERVICE FLAT RATE MANUALS APPROVAL OF CERTAIN FLAT RATE MANUALS Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 2 to Supplementary Regulation 3 (16 F. R. 8828) to Ceiling Price Regulation 34, is hereby issued. STATEMENT OF CONSIDERATIONS This amendment adds preliminary Diesel Engine Flat Rate Manual (cover¬ ing Diesel Engines and associated units of GMC H-Model trucks with 4 and 6 cylinder engines); and 1951 supplement to Chevrolet Body Flat Rate Schedule, to the list of approved flat rate manuals and labor schedules in section 2 of Sup¬ plementary Regulation 3 to Ceiling Price Regulation 34. The list includes a new flat rate man¬ ual establishing time allowances for re¬ pair services rendered in connection with GMC H-Model Diesel powered trucks. Prior to the issuance of this flat rate manual the time allowances for such operations have varied widely between suppliers of such services. The Statements of Consideration which accompanied Supplementary Reg¬ ulation 3 to Ceiling Price Regulation 34, and Amendment 1 to that regulation are equally applicable to this amendment and are incorporated herein by this ref¬ erence. The routine character of the approval granted by this amendment made it impracticable and unnecessary to con¬ sult formally with representatives of the industry, although in each instance rep¬ resentatives of the publishers of the manuals were consulted, and considera¬ tion was given to their recommendations. In the judgment of the Director of Price Stabilization the provisions of this amendment are generally fair and equi¬ table and are necessary to effectuate the purposes of Title IV of the Defense Pro¬ duction Act of 1950, as amended. AMENDATORY PROVISIONS Supplementary Regulation 3 to Ceil¬ ing Price Regulation 34 is amended in the following respects: 1. Section 2 is amended by adding after paragraph (q), paragraphs (r) and (s) as follows: (r) Preliminary Diesel Engine Flat Rate Manual (covering Diesel Engines and Associated units of GMC H-Model trucks with 4 and 6 cylinder Diesel en¬ gines ); (s) 1951 Supplement to Chevrolet Body Flat Rate Schedule; 2. Appendices R and S are added after Appendix Q. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154) Effective date. This Amendment 2 to Supplementary Regulation 3 to Ceiling Price Regulation 34 shall be effective on March 3, 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Joseph H. Freehill, Acting Director of Price Stabilization. February 27, 1952. Appendix R This Is the "Notice” for the Preliminary Diesel Engine Flat Rate Manual (covering Diesel Engines and Associated units of GMC H-Model trucks with 4 and 6 cylinder Dlese; engines): NOTICE You are permitted by OPS to use this man¬ ual to arrive at your celling price for a given job: If— (1) You use the Selling Price Computa¬ tion Table given on pages 18 and 19 of the Preliminary Diesel Engine Flat Rate Manual to compute the price for each Job, by multi¬ plying the time allowance of such operation by your customers’ hourly rate which you charged In the base period, December 19, 1950 to January 25, 1951, inclusive; (2) Your present ceiling price for that job, as determined under section 5 of Ceiling Price Regulation 34, Is not a “fixed charge" which is lower than the price you determined by the use of this Manual (a fixed charge Is a charge not computed on the basis of the hourly rate. Examples: Minor tune- up, all Blank Models, $__ Rellning brakes on 1951 Blank Cars, $_); and (3) The supplementary statement which you file shows that the Job Is Included among those Jobs for which you will hereinafter de¬ termine your celling price by use of this Manual. (You must file with your OPS Dis¬ trict Office In accordance with section 18 of Celling Price Regulation 34 a statement of your Intention to use all or any part of this Manual for pricing purposes.) Important: In case you are in doubt about your ceiling prices, consult your OPS Dis¬ trict Office. This notice must be attached to your man¬ ual. Appendix S This Is the "Notice" for the 1951 Supple¬ ment to Chevrolet Body Flat Rate Schedule: NOTICE You are permitted by OPS to use this man¬ ual to arrive at your celling price for a given Job: If— (1) You use the Computation Table on pages 8 and 9 of the 1949 Manual to com¬ pute the price for each job, by multiplying the time allowance of each operation by your customers' hourly rate which you charged In the base period. December 19. 1950 to January 25, 1951, Inclusive; and (2) Your present celling price for that Job as determined under section 5 of Celling Price Regulation 34, is not a "fixed charge" which is lower than the price you deter¬ mined by the use of this Manual (a fixed charge Is a charge not computed on the basis of the hourly rate. Examples: Minor tune-up, all Blank Models, $__ Relining brakes on 1951 Blank Cars, $_); and (3) The supplementary statement which you file shows that the job is included among those jobs for which you will here¬ inafter determine your celling price by use of this Manual. (You must file with your OPS District Office in accordance with sec¬ tion 18 of Celling Price Regulation 34 a statement of your intention to use all or any part of this Manual for pricing pur¬ poses.) Important: In case you are In doubt about your celling prices, consult your OPS District Office. This notice must be attached to your Sup¬ plement. r .i to- !■' r ■■ i ii * O'- - o.- o - . * • . i "i t ■ - - - r . giHH *-w»r v - .-- - : • .• r. v . 4 / FILE following 85 Serv 32:511 (4-1-52) 85 Serv 32:513 Ceiling Price Regulation 34 Supplementary Regulation 3 Amendment 3 APRIL 1, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON Approval of Additional Flat Rate Manuals (Adding Sec. 2(t), (u), (v), (w), (x), (y) and Appendixes T, U, V, W, X and Y) TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Arndt. 3 to Supplementary Regulation 3] CPR 34—Services SR 3—Approval of Certain Automotive and Farm Tractor Repair Service Flat Rate Manuals APPROVAL OF AUTOMOTIVE FLAT RATE MANUALS AND LABOR SCHEDULES Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 3 to Supplementary Regulation 3 (16 F. R. 8828) to Ceiling Price Regulation 34, is hereby issued. STATEMENT OF CONSIDERATIONS This amendment adds various flat rate manuals and labor schedules and sup¬ plements thereof to the list of approved flat rate manuals and labor schedules in section 2 of Supplementary Regulation 3 to Ceiling Price Regulation 34. The Statements of Consideration which accompanied Supplementary Reg¬ ulation 3 to Ceiling Price Regulation 34, and Amendment 1 to that regulation are equally applicable to this amendment and are incorporated herein by this reference. The character of the approval granted by this amendment made it impractica¬ ble and unnecessary to consult formally with representatives of the industry, al¬ though in each instance representatives of the publishers of the manuals were consulted, and consideration was given to their recommendations. In the judg¬ ment of the Director of Price Stabiliza¬ tion the provisions of this amendment are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Supplementary Regulation 3 to Ceil¬ ing Price Regulation 34 is amended in the following respects: 1. Section 2 is amended by adding after paragraph (s), paragraphs (t) through (y) inclusive as follows: (t) Chilton’s Motor Age Flat Rate and Service Manual, 23d Edition (1952). (u) Ford Suggested Time Schedule, 1952 Supplement, Trucks (green sheets). (v) Automotive Digest, Flat Rate Manual, First 1952 Edition. (w) Crosley Motors Inc., Supplement No. 2 to the Suggested Time Schedule dated May, 1949. (x) Hudson Flat Rate Manual 480- 490-500 and “A” Series. (y) Supplement No. 1, Merc-O-Matic Transmission, to Lincoln-Mercury Sug¬ gested Labor Time Schedule for Lincoln Cosmopolitan — Lincoln - Mercury Cars starting 1949 Models, and Supplement No. 2, Suggested Additional Labor Time Schedules, to Lincoln Cosmopolitan— Lincoln-Mercury Cars starting 1949 Models. 2. Appendices T through Y are added after Appendix S. (Sec. 704, 64 Stat. 816, as amended; 60 U. S. C. App. Sup. 2154) Effective date. This Amendment 3 to Supplementary Regulation 3 to Ceiling Price Regulation 34 shall be effective on April 7, 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stabilization. April 1, 1952. Appendix T This is the “Notice” for the Chilton’s Motor Age Flat Rate and Service Manual, 23d Edition (1952): NOTICE You are permitted by OPS to use this man¬ ual to arrive at your ceiling price for a given Job: If— (1) You use the conversion table on the last two pages of the Manual to determine your ceiling price, taking as your ceiling price the price in that table corresponding to the time allowance of each operation and your customers’ hourly rate which you charged in the base period, December 19, 1950, to Janu¬ ary 25, 1951, inclusive; and (2) Your present legal ceiling price for that Job, as determined under section 5 of Ceiling Price Regulation 34, is not a “fixed charge” which is lower than the price set for you by the use of this Manual. (A fixed charge is a charge not computed on the basis of an hourly rate. Examples: Motor tune-up, all Blank Models, $__ Relining brakes on 1951 Blank Cars, $_); and (3) On a towing charge, your present cell¬ ing price is not lower than the price set for you by the use of the suggested schedule of towing prices at the back of this Manual; and (4) You have not used a previous edition of this Manual for pricing the Job, the sup¬ plementary statement which you file shows that such job is Included among those Jobs which you will hereafter price by the use of this Manual. (You must file with your Dis¬ trict OPS Office in accordance with section 18 of Ceiling Price Regulation 34 a statement of your intention to use all or any part of this Manual for pricing all or a part of your Jobs not previously priced by the use of an earlier edition-of this Manual.) (5) The notice which you post in your place of business, within ten days after you begin to use this manual states that such Job is included among the Jobs which you will hereafter price by the use of this Manual. Important: In case of any doubt about your celling prices always consult your OPS District Office. This notice must be attached to your manual. Appendix U This is the “Notice” for the Ford Sug¬ gested Time Schedule (1952 Supplement, Trucks, (green sheets)). NOTICE You are permitted by OPS to use this Manual to arrive at your celling price for a given Job: If— (1) You use the Labor Conversion Table, pages v to x (in the “Computation” section) to compute the ceiling price of each Job, by multiplying the time allowance of each oper¬ ation by your customers’ hourly rate, which you charged in the base period, December 19, 1956 to January 25, 1951, inclusive; and (2) Your present ceiling price for that Job, as determined under section 5 of Ceiling Price Regulation 34, is not a “fixed charge” which is lower than the price you determined by the use of this Manual (a fixed charge is a charge not computed on the basis of the. hourly rate. Examples: Minor tune-up, all Blank Models, _ Refining brakes on 1951 Blank Cars, $-); and (3) You have not used a previous edi¬ tion of this Manual for pricing the Job, the supplementary statement which you file shows that such Job is included among those Jobs which you will hereafter price by the use of this Manual. (You must file with your District OPS Office in accordance with section 18 of Ceiling Price Regulation 34 a statement of your intention to use all or any part of this Manual for pricing all or a part of your Jobs not previously priced by the use of any earlier edition of this Manual.) (4) The notice which you post In your place of business, within ten days after you begin to use this Manual states that puch Job is Included among the Jobs which you will hereafter price by the use of this Manual. Important: In case you are in doubt about your ceiling prices, consult your OPS District Office. This notice must be attached to your Manual. Appendix V This is the “Notice” for the Automotive Digest Flat Rate Manual, First 1952 Edition: NOTICE You are permitted by OPS to use this man¬ ual to arrive at your ceiling price for a given Job: If— (1) You use the Hour Rate and Wage Com¬ putation Table given on the last page of the manual to compute the celling price for each Job, by multiplying the time allowance of each operation by your customers’ hourly rate, which you charged in the base period, December 19, 1950, to January 25, 1951, in¬ clusive, and; (2) Your present ceiling price for that Job, as determined under section 5 of Ceiling Price Regulation 34 is not a “fixed charge” which is lower than the price you determined 85 Serv 32:514 by the use of this Manual (a fixed charge Is a charge not computed on the basis of the hourly rate. Examples: Minor tuneup, all Blank Models, $__ Rellnlng brakes on 1951 Blank Cars, $_): and (3) You have not used a previous edi¬ tion of this Manual for pricing the Job, the supplementary statement which you file shows that such Job Is Included among those Jobs which you will hereafter price by the use of this Manual. (You must file with your District OPS Office in accordance with section 18 of Celling Price Regulation 34 a statement of your Intention to use all or any part of this Manual for pricing all or a part of your Jobs not previously priced by the use of any earlier edition of this Manual.) (4) The notice which you post in your place of business, within ten days after you begin to use this Manual states that such Job Is Included among the Jobs which you will hereafter price by the use of this Manual. Important: In case you are In doubt about your ceiling prices, consult your OPS District Office. This notice must be attached to your Manual. Appendix W This Is the “Notice” for the Croeley Sup¬ plement No. 2 to the Suggested Time Sched¬ ule dated May, 1949. NOTICE You are permitted by OPS to use this supplement to arrive at your celling price for a given Job: If— (1) You compute the ceiling price for each Job by multiplying the time allowance of each operation by your customers’ hourly rate, which you charged In the base period, December 19, 1950 to January 25, 1951, In¬ clusive, and; (2) Your present celling price for that Job, as determined under section 5 of Celling Price Regulation 34, Is not a “fixed charge” which Is lower than the price you deter¬ mined by the use of this Manual (a fixed charge Is a charge not computed on the basis of the hourly rate. Examples: Minor tune-up, all Blank Models, $-- Relln¬ lng brakes on 1951 Blank Cars, $-); and (3) You have not used a previous edi¬ tion of this Manual for pricing the job, the supplementary statement which you file shows that such job is Included among those Jobs which you will hereafter price by the use of this Manual. (You must file with your District OPS Office In accordance with section 18 of Celling Price Regulation 34 a statement of your Intention to use all or any part of this Manual for pricing all or a part of your Jobs not previously priced by the use of any earlier edition of this Manual.) (4) The notice which you post In your place of business, within ten days after you begin to use this manual states that such Job Is Included among the jobs which you will hereafter price by the use <^f this Manual. Important: In case you are in doubt about your ceiling prices, consult your OPS Dis¬ trict Office. This notice must be attached to your manual. Appendix X This is the "Notice” for Hudson Flat Rate Manual, 480-490-500 and “A” Series. NOTICE You are permitted by OPS to use this manual to arrive at your celling price for a given Job: If— (1) You use the conversion table on pages 72 and 73 to compute the celling price for each job by multiplying the time allowance of each operation by your customers’ hourly rate, which you charged In the base period, December 19, 1950 to January 25, 1951, in¬ clusive, and; (2) Your present celling price tor that job, as determined under section 5 of Celling Price Regulation 34, Is not a “fixed charge” which Is lower than the price you deter¬ mined by the use of this Manual (a fixed charge is a charge not computed on the basis of the hourly rate. Examples: Minor tune- up, all Blank Models, $__ Rellnlng brakes on 1951 Blank Cars, 9_); and (3) You have not used a previous edi¬ tion of this Manual for pricing the Job, the supplementary statement which you file shows that such job Is included among these Jobs which you will hereafter price by the use of this Manual. (You must file with your District OPS Office In accordance with section 18 of Celling Price Regulation 34, a statement of your intention to use all or any part of this Manual for pricing all or a part of your Jobs not previously priced by the use of any earlier edition of this Manual.) (4) The notice which you post in your place of business, within ten days after you begin to use this manual states that such job Is Included among the Jobs which you will hereafter price by the use of this Manual. Important: In case you are In doubt about your celling prices, consult your OPS District Office. This notice must be attached to your manual. Appendix Y This is the "Notice” for Supplement 1 and 2 to Lmcoln-Mercury Suggested Labor Time Schedule for Lincoln Cosmopolitan-Llncoln- Mercury Cars starting 1949 Models. NOTICE You are permitted by OPS to use this schedule to arrive at your ceiling price for a given Job: If— (1) You use the Labor Conversion Table at the front of the schedule to compute the celling price for each Job by multiplying the time allowance of each operation by your customers’ hourly rate, which you charged in the base period, December 19, 1950 to January 25, 1951, inclusive, and; (2) Your present celling price for that Job, as determined under section 5 of Ceil¬ ing Price Regulation 34, Is not a “fixed charge” which Is lower than the price you determined by the use of this Manual (a fixed charge Is a charge not computed on the basis of the hourly rate. Examples: Minor tune-up, all Blank Models, 9-- Rellnlng brakes on 1951 Blank Cars, 9-); and (3) You have not used a previous edi¬ tion of this Manual for pricing the Job, the supplementary statement which you file shows that such Job Is Included among those Jobs which you will hereafter price by the use of this Manual. (You must file with your District OPS Office In accordance with section 18 of Ceiling Price Regulation 34 a statement of your intention to use all or any part of this Manual for pricing all or a part of your Jobs not previously priced by the use of any earlier edition of this Manual.) (4) The notice which you post in your place of business, within ten days after you begin to use this manual states that such Job is included among the jobs which you will hereafter price by the use of this Manual. Important: In case you are In doubt about your celling prices, consult your OPS District Office. This notice must be attached to your manual. « FILE following 85 Serv 32:514 (4-11-52) 85 Serv 32:515 Modification of Filing Requirements for Certain Automotive and Farm Tractor Repair Service Sellers Ceiling Price Regulation 34 Supplementary Regulation 3 Amendment 4 APRIL 11, 1952 (Amending Sec. 3(b) and Appendices A through OFFICE OF PRICE STABILIZATION ^ WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Amendment 4 to Supplementary Regulation 3] CPR 34—Services SR 3—Approval of Certain Automotive and Farm: Tractor Repair Service Flat Rate Manuals MODIFICATION OF FILING REQUIREMENTS FOR CERTAIN AUTOMOTIVE AND FARM TRACTOR REPAIR SERVICE SELLERS Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 4 to Supplementary Regulation 3 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 4 to Supplementary Regulation 3 to Ceiling Price Regulation 34, modifies the filing requirements un¬ der section 3 (b) of this supplementary regulation as they affect automotive and farm tractor repair service suppliers who used flat rate manuals or labor sched¬ ules to determine their ceiling prices during the base period, December 19, 1950 to January 25, 1951, inclusive. The principal amendatory change accom¬ plished herein is the elimination of the requirement that the selection of a new edition or supplement of the fiat rate manual or schedule used in the base pe¬ riod be filed with the OPS District Of¬ fice as a supplement as required under section 18 of Ceiling Price Regulation 34. The Director of Price Stabilization has been advised that the filing of the selec¬ tion of a new edition of a flat rate man¬ ual or labor schedule, in the place of an edition of the same manual or schedule used during the base period, by sellers of automotive and farm tractor repair serv¬ ices may impose an undue burden upon, such sellers. To ease the burden, this amendment provides that such sellers who used one of these manuals or labor schedules in the base period may use a new edition of the same manual or labor schedule without the necessity of new filings. In such case, these sellers must, within ten days after they have elected to use such a new edition, post in their places of business a notice that they are now using a new edition of the same manual or labor schedule which they formerly used. The changes in the filing requirements made by this amendment with respect to base period users of flat rate manuals and labor schedules have also necessi¬ tated an amendment to limit reference to supplementary filings in the appen¬ dices and the “Notices” issued there¬ under. In the formulation of this amendment there was consultation with industry representatives, including trade associa¬ tion representatives, to the extent prac¬ ticable, and consideration was given to their recommendations. In the judg¬ ment of the Director of Price Stabiliza¬ tion the provisions of this amendment are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS 1. Section 3 (b) of Supplementary Regulation 3 to Ceiling Price Regulation 34 is amended to read as follows: (b) Sellers who used a flat rate man¬ ual or labor schedule during the base :period. If you are a seller of automo¬ tive or farm tractor repair services and during the base period you used a flat rate manual or labor schedule to deter¬ mine your hourly time allowance for all or part of such services, you must con¬ tinue to use the same manual or sched¬ ule now, for the same services, or sub¬ stitute therefor a subsequent edition of any such manual or schedule which is approved by this supplementary regula¬ tion, for the same services. Within ten days after you substitute an approved subsequent edition of such manual or schedule you must post in your place of business a notice identifying the new edition of the manual or schedule to be used and indicating the jobs for which you propose to use the new edition. You may not, however, in any event increase the customers’ hourly rate which you charged in the base period and reported to the Office of Price Stabilization under section 18 of Ceiling Price Regulation 34. 2. Paragraph numbered (3) of Ap¬ pendices B. C, D, F, G, H, I, J, K, L, M, N, O, P, Q, R and S, and paragraph numbered (4) of Appendices A and E of Supplementary Regulation 3, as amended, are amended to read as follows: Where you did not use a previous edition of this Manual for the Job during the base period, the supplementary statement which you file shows that such Job Is included among those Jobs for which you will here¬ after determine your celling price by the use of this Manual. (You must file with your District OPS Office In accordance with sec¬ tion 18 of Ceiling Price Regulation 34 a statement of your intention to use all or any part of this Manual for determining your celling price of any of your Jobs for which you did not use an earlier edition of this Manual during the base period December 19, 1950 to January 25, 1951, Inclusive. 3. A new paragraph numbered (4) is added to Appendices B, C, D, F, G, H, I, J, K, L, M, N, O, P, Q, R and S, and a new paragraph numbered (5) is added to Appendices A and E to read as follows: The notice which you post in your place of business, within ten days after you begin to use this Manual states that such Job Is Included among the Jobs for which you will hereafter determine your celling price by the use of this Manual. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154.) Effective date. This Amendment 4 to Supplementary Regulation 3 to Ceiling Price Regulation 34, as amended, is ef¬ fective April 16, 1952. Note: The record-keeping and reporting requirements of this amendment have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stabilization. April 11, 1952. ' (5-16-52) 85 Serv 32:517 FILE following 85 Serv 32:515 Additional Flat Rate Manuals and Labor Schedules (Adding Sec. 2(2) to (ee) and appendices Z to EE) OFFICE OF PRICE STABILIZATION Ceiling Price Regulation 34 Supplementary Regulation 3 Amendment 5 MAY 16. 1952 WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 34, Arndt. 5 to Supplementary Regulation 3| CPR 34— Services SR 3— Approval of Certain Automotive and Farm Tractor Repair Service Flat Rate Manuals ADDITIONAL FLAT RATE MANUALS AND LABOR SCHEDULES Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161 <15 F. R. 6105), and Economic Sta¬ bilization Agency General Order No. 2 < 16 F. R. 738), this Amendment 5 to Sup¬ plementary Regulation 3 <16 F. R. 8828) to Ceiling Price Regulation 34, is hereby issued. STATEMENT OF CONSIDERATIONS This amendment adds various flat rate manuals and labor schedules and supple¬ ments thereof to the list of approved flat rate manuals and labor schedules in section 2 of Supplementary Regulation 3 to Ceiling Price Regulation 34. The Statements of Consideration which accompanied Supplementary Reg¬ ulation 3 to Ceiling Price Regulation 34, and Amendment 1 to that regulation are equally applicable to this amendment and are incorporated herein by this ref¬ erence. The character of the approval granted by this amendment made it impractic¬ able and unnecessary to consult formally with representatives of the industry and trade associations although in each in¬ stance representatives of the publishers of the manuals were consulted and con¬ sideration was given to their recommen¬ dations. In the judgment of the Direc¬ tor of Price Stabilization the provisions of this amendment are generally fair and equitable and are necessary to effec¬ tuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Supplementary Regulation 3 to Ceiling Price Regulation 34 is amended in the following respects: 1. Section 2 is amended by adding after paragraph (y), paragraphs (z) to (ee) inclusive as follows: (z) Henry J. Models 513, 514 Supple¬ ment to Kaiser-Frazer Service Time Schedule 1951 Models. ; ' ■*-!.- .■•■• vM 3 sbn- • c. ,5, , 3*37 rbn :>A) tW/: pi JLJ . aqq A WOlTAXIJtSAn 30 2Dflh10 MOTOMIH&AW • ■.: • • 'cr*. ’■ 'U)T! •3 x; • .i o’ ■ *>* »«i ■ eftl *. - "t/W -«4 • • . x. ■ .'t '' ... .; » itfoy ja i:..- •>) stcesc:--: o>n>-ig *) '.I • ;tf - to!.* .**-■* wY (3 “ ; - • • r.:• • iq nil Till r... ;ju>v:tttn do. y.>. / ' 1 «»3fV *1X11) uov v ! - >JS ,'iVjOA -inflow si: nt ,C 6! ■*! !- t:m ‘O : 9,*d *((1? ni i-o • ' r 13*)} ,ftii liAi, j< ;eJ v ■' -tw i/oY {> i i d i;r)*.»c*o* r: box uani.jfflfiWab e« dot ja ) M aM • A . . 1 ; . .... ol fc : • W >1r . ) it A •r-l d fcs •'.« .3Urr. o: eyu->.i3 f M jiii-uO ,j»:. : >• t ■ -i' . >>feS i S . 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FILE following 85 Serv 32:521 (8-6-52) 85 Serv 32:523 Approval of Additional Flat Rate Manuals and Labor Schedules Ceiling Price Regulation 34 Supplementary Regulation 3 Amendment 8 AUQ. 6, 1862 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Ch o| Mu1i ' ^Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Arndt. 8 to Supplementary Regulation 3] CPR 34— Services' SR 3— Approval of Certain Automotive and Farm Tractor Repair Service Flat Rate Manuals APPROVAL or ADDITIONAL FLAT RATE MANUALS AND LABOR SCHEDULES Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161 (15 F. R. 6105). and Economic Sta¬ bilization Agency General Order No. 2 (16 F. R. 738). this Amendment 8 to Sup¬ plementary Regulation 3 (16 F. R. 8828) to Ceiling Price Regulation 34. is hereby issued. STATEMENT OF CONSIDERATIONS This amendment adds various flat rate manual* and labor schedules and sup¬ plements thereof to the list of approved flat rate manuals and labor schedules in section 2 of Supplementary Regulation 3 to Celling Price Regulation 34. The Statements of Consideration which accompanied Supplementary Regulation 3 to Celling Price Regulation 34, and Amendment 1 to that regulation are equally applicable to this amend¬ ment and are incorporated herein by this reference. The character of the approval granted by this amendment made it impractica¬ ble and unnecessary to consult formally with representatives of the industry and trade associations although in each in¬ stance representatives of the publishers of the manuals were consulted and con¬ sideration was given to their recommen¬ dations. In the judgment of the Director of Price Stabilization the pro¬ visions of this amendment are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950. as amended. AMENDATORY PROVISIONS Supplementary Regulation 3 to Ceil¬ ing Price Regulation 34 is amended in the following respects: 1. Section 2 is amended by adding after paragraph (nn), paragraphs (oo) to (qq) inclusive, as follows: (oo) 1952 Supplement to Hudson 480- 490-500 and “A" Series. Flat Rate Manual (pp) 1950-51-62 Bulck Body Flat Rate Manual. 2. Appendices OO to QQ are added after Appendix NN as follows: Appendix OO ^ Tills la the "Notice"- for the 1958 Supple¬ ment to Hudson 480-490-500 and “A** Series, Plat Rate Manual. NOTICK You are permitted by OPS to use this Manual, and you must use the Supplement, to arrive at your ceiling price for a given Job: If— (1) You use the computation table printed in the back part of the 1951 manual to compute the ceiling price for each job, by multiplying the time allowance of each operation by your customers* hourly rate, which you charged in the base period,'De¬ cember 19, 1960, to January 25. 1961, inclu¬ sive; and (2) Your present ceiling price for that job, as determined under section 6 of Celling Price Regulation 34, is not a “fixed charge" which is lower than the price you deter¬ mined by the use of this Manual (a fixed charge is a charge not computed on the basis of the hourly rate. Examples: Minor tune-up, all Blank Models, $_... Running brakes on 1961 Blank Cars. $_); and (3) Where you did not use a previous edition of this Manual for the job during the base period, the supplementary state¬ ment which you file shows that such job is Included among those Jobe for which you will hereafter determine your ceiling price by the use of this Manual. (You must file with your District OPS Office in accordance with section 18 of Celling Price Regulation 34 a statement of your Intention to use all or any part of thls'Manual for determining your celling price of any of your Jobs for which you did not use an earlier edition of this Manual during the base period Decem¬ ber 19, 1960, to January 26, 1961, Inclusive.) (4) The notice which you post in your place of business, within ten days after you begin to use this Manual, states that ■»««»*» job la Included among the jobs for which you will hereafter determine your ceiling price by the use erf this Manual. Important. In case you are in doubt about your celling prices, consult your OPS Dis¬ trict Office. This notice must be attached to your manual. Ararat PP This is the "Notice" far the 1950-61-62 Bulck Body Plat Rate Manual. You are permitted by OPS to use this Man¬ ual to arrive at your celling price for a given Job: If— (1) You use the Labor Conversion Table at the back of the Manual to compute the celling price far each job by multiplying the time allowance of each operation by your customers* hourly rate, which you charged in the base period. December 19. 1960, to January 26. 1961, Inclusive; and (2) Your present celling price for that job, as determined under s e ction 5 of Celling Price Regulation 34. la not a “fixed charge" which is lower than the price you deter¬ mined by the use of this Manual (a fixed charge Is a charge not computed an the basis of the hourly rate. Examples: Minor tuna- up, all Blank Models, $_, Rellnlng brakes'on 1951 Blank Cars, $_); and (3) Where you did not use a previous edi¬ tion of this Manual for the Job during the base period, the supplementary statement which you file shows that such job is in¬ cluded among those jobs for which you will hereafter determine your celling price by the use of this Manual. (You must file with your District OPS Office in accordance with section 18 of Celling Price Regulation 34 a statement of your Intention to use all or any part of this Manual for determining your ceiling price of any of your jobs for which you did not use an earlier edition of this Manual during the base period Decem¬ ber 19. 1950, to January 26. 1961. Inclusive.) (4) The notice which you post in your place of business, within ten days after yon begin to use this Manual, states that such Job is included among the Jobe for whic'i you will hereafter determine your ceiling price by the use of this Manual Important: In case you are in doubt about your celling prices, consult your OPS District Office. This notice must be attached to your Manual. AmwuxQQ This Is the "Notice” far the 1962 Oidsmo- blle Plat Rate Manual. You are permitted by OPS to use this manual to arrive at your celling price for a given job: H— (1) You use the Labor Co n version Table at the back of the manual to compute the ceiling price for each job by multiplying the time allowance of each operation by your customers' hourly rate, which you charged In the base period, December 19. 1960 to January 26, 1961, inclusive; and (2) Your present celling price far that job, as determined under section 6 of Cell¬ ing Price Regulation 34, is not a "fixed charge" which is lower than the price you determined by the use of this Manual (a fixed charge is a charge not computed on the basis of the hourly rate. Tramples: Minor tune-up, all Blank Models. 9__ Rellnlng brakes on 1961 Blank Oars, 9---); and (3) Where you did not use a p revious edition of this Manual for the job during the base period, the supplementary state¬ ment which you file shows that such job is included among thoee jobs far which you will hereafter determine your oelllng pries by the use of this Manual. (You must file with your District OPS Office in accord a nce with section 18 of Celling Prim Regulation 84 a statement of your inten t ion to uae all or any part of this Manual for determine lng your ceiling price of any of your jotaa far which you did not use an earlier edtttan of this Manual during the base period De¬ cember 19, 1960, to January 28, 1981, In¬ clusive.) (qq) 1852 OldiunobUe Flat Rate 85 Serv 32:524 (4) The notice which you poet In your piece of business, within ten days after you begin to use this Manual, states that such Job Is Included among the Jobs for which you will hereafter determine your celling price by the use of this Manual. Important: In case you are In doubt about your celling prices, consult your OPS Dis¬ trict Office. This notice must be attached to your manual. (8ec. 704, 64 Stat. 816, as amended; 60 U. S. C. App. Sup. 2164) Effective date. This Amendment 8 to Supplementary Regulation 3 to Ceiling Price Regulation 34 shall be effective on August 11, 1953. Nor: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Ellis A*nall, Director of Price Stabilization. August 6 , 1952. FILE following 85 Serv 32:524 (9-8-52) 85 Serv 32:525 ft Additional Flat Rate Mcmuais Ceiling Price Regulation 34 Supplementary Regulation 3 Amendment 9 SEPT. 8, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Amdt. 9 to Supplementary Regulation 3] CPR 34—Services SR 3—Approval of Certain Automotive and Farm Tractor Repair Service Flat Rate Manuals ADDITIONAL FLAT RATE MANUALS Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 9 to Supplementary Regulation 3 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment adds a supplement to a flat rate manual to the list of approved flat rate manuals and labor schedules in section 2 of Supplementary Regulation 3 to Ceiling Price Regulation 34. The Statements of Consideration which accompanied Supplementary Reg¬ ulation 3 to Ceiling Price Regulation 34, and Amendment 1 to that regulation are equally applicable, to this amendment and are incorporated herein by this ref¬ erence. The character of the approval granted by this amendment made it impractica¬ ble and uftnecessary to consult formally with representatives of the industry and trade associations although in each in¬ stance represehtatives of the publishers of the manuals were consulted and con¬ sideration was given to their recom¬ mendations. In the judgment of the Di¬ rector of Price Stabilization the provi¬ sions of this amendment are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Supplementary Regulation 3 to Ceiling Price Regulation 34 is amended in the following respects: 1. Section 2 is amended by adding after paragraph (qq), paragraph (rr) as follows: (rr) Chevrolet 1952 Supplement to 1946-1950 Chassis Flat Rate Schedule. 2. Appendix RR is added after Ap¬ pendix QQ. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 9 to Supplementary Regulation 3 to Ceiling Price Regulation 34 shall be effective on September 13, 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Joseph H. Freehill, Acting Director of Price Stabilization. September 8 1952. 4 . ' •• • . . - . - • * : • - ' - • ' ' . r * ' • - - • ■ , . ■' • . • '*"■ - .*■ . ( - ■ v . tv * ' FILE following 85 Serv 32:525 (10-23-52) 85 Serv 32:525.1 Correction Ceiling Price Regulation 34 Supplementary Regulation 3 Amendment 9 Correction OCTOBER 23, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Amdt. 9 to Supplementary Regulation 3 Correction! CPR 34 —Services SR 3— Approval of Certain Automotive and Farm Tractor Repair Service Flat Rate Manuals additional flat rate manuals; CORRECTION Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Correc¬ tion to Amendment 9 to Supplementary Regulation 3 to Ceiling Price Regulation 34 is hereby issued. Through inadvertence Amendment 9 to Supplementary Regulation 3 to Ceil¬ ing Price Regulation 34, issued Septem¬ ber 8, 1952 (17 F. R. 8118) did not include Appendix RR the “Notice” to be affixed to the Chevrolet 1952 Supplement to 1946-1950 Chassis Flat Rate Schedule. Accordingly, the following Appendix is added to the amendment. Appendix RR This is the "Notice” for the 1952 Supple¬ ment to Chevrolet Chassis Flat Rate Sched¬ ule. NOTICE You are permitted by OPS to use this Manual, and you must use the Supplement to arrive at your ceiling price for a given Job: If— (1) You use the computation table printed in the 1946-50 manual to compute the ceiling price for each job by multiplying the time allowance of each operation by your customers’ hourly rate, which you charged in the base period, December 19, 1950, to January 25, 1951, inclusive; and (2) Your present ceiling price for that job as determined under section 5 of Ceiling Price Regulation 34, is not a “fixed charge” which is lower than the price you deter¬ mined by the use of this Manual (a fixed charge is a charge not computed on the basis of the hourly rate. Examples: Minor tune-up all Blank Models, $__ Relining brakes on 1951 Blank Cars, $_); and (3) Where you did not use a previous edition of this Manual for the job during the base period, the supplementary state¬ ment which you file shows that such Job is included among those Jobs for which you will hereafter determine your ceiling price by the use of this Manual. (You must file with your District OPS Office in accordance with section 18 of Ceiling Price Regulation 34 a statement of your intention to use all or any part of this Manual for determining your ceiling price of any of your jobs for which you did not use an earlier edition of this Manual during the base period De¬ cember 19, 1950, to January 25, 1951, inclusive.) (4) The notice which you post in your place of business within ten days after you begin to use this Manual, states that such Job is included among the Jobs for which you will hereafter determine your ceiling price by the use of this Manual. Important: In case you are in doubt about your ceiling prices, consult your OPS Dis¬ trict Office. This notice must be attached to your Manual. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Tighe E. Woods, Director of Price Stabilization. October 23, 1952. » Hill' .T'ibai'JoJ' Jnsmi; # ,11 ■ I • t!i .■ .. > 2W *70JAW f aV —ACMJin 3 i.”k »»- . r » xn.fl->') | > ; 10 • t aa* ham it U ' i . v : ■ ; .••» • • idiOI -itl s /••.: •£» > -'•!' .• lifr f U i.ft: f ^ :/ j j w;j m FILE following 85 Serv 32:525 (10-10-52) 85 Serv 32:527 Interim Modifications or Supplements (Adding Sec. 5) Ceiling Price Regulation 34 Supplementary Regulation 3 Amendment 10 OCT. 10, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Arndt. 10 to Supplementary Regulation 3| CPR 34—Services SR 3—Approval of Certain Automotive and Farm Tractor Repair Service Flat Rate Manuals INTERIM MODIFICATIONS OR SUPPLEMENTS Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Amendment 10 to Supplementary Regu¬ lation 3 to Ceiling Price Regulation 34, is hereby issued. STATEMENT OF CONSIDERATIONS This amendment provides for approv¬ al of interim modifications or supple- ihents of a minor or routine character covering time allowances for operations or combinations of operations contained in an edition of or supplement to a flat rate manual or labor schedule previously specifically approved by OPS or pub¬ lished prior to January 26, 1951, which it would be impracticable or uneconomic to withhold from the repair trade until such time as it becomes feasible to in¬ clude them in a new edition of, or major supplement to, the manuals or sched¬ ules affected. Such minor or routine changes and supplemental time allow¬ ances are customarily released by manu¬ facturers in the form of manufacturers’ service bulletins, or supplemental dated pages for insertion in loose-leaf type binders. Irrespective of any such in¬ terim approval, however, a new edition of or major supplement to a flat rate manual or labor schedule published thereafter may include all modifications or time allowances submitted to OPS for approval as provided by this supplemen¬ tary regulation. A new section is added to the supple¬ mentary regulation authorizing such interim approval and specifying the in¬ formation required in an application therefor. Approvals will be granted by Special Order and published in the Fed¬ eral Register, since such interim modi¬ fication or establishment of time allow¬ ances will ordinarily apply to a number of sellers using the manuals or labor schedules. The character of the approval granted by this amendment made it impracti¬ cable and unnecessary to consult for¬ mally with representatives of the indus¬ try and trade associations, although in each instance representatives of the pub¬ lishers of the manuals were consulted and consideration was given to their rec¬ ommendations. In the judgment of the Director of Price Stabilization the pro¬ visions of this amendment are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Supplementary Regulation 3 to Ceil¬ ing Price Regulation 34 is amended by adding a new section 5 to read as follows: Sec. 5. Approval of minor or routine interim modifications of or supplements to approved manuals and schedules, (a) Any publisher of a flat rate manual or labor schedule approved under section 2, as amended, of this supplementary regu¬ lation or published prior to January 26, 1951 who wishes to issue minor or routine modification of or supplement to such manual or schedule of the nature cus¬ tomarily issued by the publisher as an interim matter pending publication of a new edition of his flat rate manual or labor schedule, may apply under this sec¬ tion for an order approving the use of such interim modification or supplement (b) The application should be ad¬ dressed to the Director, Office of Price Stabilization, Washington 25, D. C., and should include: (1) The name and address of the applicant; (2) The name and edition of the man¬ ual or labor schedule being modified or supplemented, and the operation or com¬ bination of operations which are to be modified or added by the supplement; (3) Two copies of the part of the manufacturers’ service bulletin which contains the proposed modification or supplement reprinted page or other method by which the users of the man¬ ual or schedule will be notified of the approved change in time allowance. (c) If the application is approved, OPS will issue and publish in the Federal Register a special order, subject io such terms and conditions as OPS shall deem to be appropriate, approving such in¬ terim modifications or supplements. (Sec. 704, 64 Stat. 816, as amended; 50 TJ. S. C. App. Sup. 2154) Effective date. This Amendment 10 to Supplementary Regulation 3 to Ceil¬ ing Price Regulation 34 shall be effective October 15, 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Tighe E. Woods, Director of Price Stabilization. October 10, 1952. ' * . . It; < ♦ ? - t. 'O' ft rviii ,o r 1 ... a*.'- - ■ " • • ' . .<■ u -x ■ ■ 1 '• : IW Oflr ' v - . ’ 1 • . *U _ n : Hr J X ' 1 I A FILE following 85 Serv 32:527 (10-23-52) 85 Serv 32:529 Approval of Additional Flat Rate Manuals and Labor Schedules (Adding Secs. 2 (ss), (tt), (uu) and Ap¬ pendices SS, TT and uu) OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Amdt. 11 to Supplementary Regulation 3| CPR 34—Services SR 3— Afproval of Certain Automotive and Farm Tractor Repair Service Flat Rate Manuals APPROVAL OF ADDITIONAL FLAT RATE MANUALS AND LABOR SCHEDULES Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 11 to Supplementary Regulation 3 (16 F. R. 8828) to Ceiling Price Regulation 34, is hereby issued. STATEMENT OF CONSIDERATIONS This amendment adds various fiat rate manuals and labor schedules and supple¬ ments thereof to the list of approved flat rate manuals and labor schedules in sec¬ tion 2 of Supplementary Regulation 3 to Ceiling Price Regulation 34. The Statements of Consideration which accompanied Supplementary Regulation 3 to Ceiling Price Regulation 34, and Amendment 1 to that regulation are equally applicable to this amendment and are incorporated herein by this ref¬ erence. The character of the approval granted by this amendment made it imprac¬ ticable and unnecessary to consult formally with representatives of the in¬ dustry and trade associations although in each instance representatives of the publishers of the manuals were con¬ sulted and consideration was given to their recommendations. In the judg¬ ment of the Director of Price Stabiliza¬ tion the provisions of this amendment are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Supplementary Regulation 3 to Ceil¬ ing Price Regulation 34 is amended in the following respects: 1. Section 2 is amended by adding after paragraph (rr), paragraphs (ss) to (uu) inclusive as follows: (ss) Chilton’s Motor Age Body and Frame Manual, Third Edition, 1952. (tt) 1952 Buick Flat Rate Manual, Chassis. < u,u) 1953 Ford Suggested Time Schedule, Passenger Cars. 2. Appendices SS to UU are added after Appendix RR as follows: Appendix SS This is the “Notice" for the Chilton’s Mo¬ tor Age Body and Frame Manual, Third Edition, 1952. NOTICE You are permitted by OPS to use this Manual to arrive at your ceiling price for a given job: If— (1) You use the Labor Charge Conversion table printed in the back part of the manual to compute the ceiling price for each job, and reduce the price list here for that job to one based on your own authorized cus¬ tomers’ hourly rate which you charged in the base period December 19, 1950, to January 25, 1951, inclusive, if it is below $4.00 for body work or $3.00 for mechanical work; and (2) Your present ceiling price for that job, as determined under section 5 of Ceiling Price Regulation 34 is not a "fixed charge” which is lower than the price you determined by the use of this Manual (a fixed charge is a charge not computed on the basis of the hourly rate. Examples: Hood Assembly, re¬ finish to match car, all Blank Models, $__ Windshield Glass, replace, all Blank Models $_: and (3) Where you did not use a previous edition of this Manual for the Job during the base period, the supplementary state¬ ment which you file shows that such Job is included among those jobs for which you will hereafter determine your ceiling price by the use of this Manual. (You must file with your District OPS Gfllce in accordance with section 18 of Ceiling Price Regulation 34 a statement of your intention to use all or any part of this Manual for deter¬ mining your ceiling price of any of your jobs for which you did not use an earlier edition of this Manual during the base pe¬ riod December 19, 1950 to January 25, 1951, inclusive.) (4) The notice which you post in your place of business, within ten days after you begin to use this Manual, states that such job is included among the jobs for which you will hereafter determine your ceiling price by the use of this Manual. Important. In case you are in doubt about your ceiling prices, consult your OPS District Office. This notice must be attached to your manual. Appendix TT This Is the Notice for the 1952 Buick Flat Rate Manual, Chassis. NOTICE You are permitted by OPS to use this Manual to arrive at your ceiling price for a given Job: If— (1) You use the Labor Conversion Table at the back of the Manual to compute the ceiling price for each job by multiplying the time allowance of each operation by your customers’ hourly rate, which you charged in the base period, December 19, 1950, to Janu¬ ary 25, 1951, inclusive; and Ceiling Price Regulation 34 Supplementary Regulation 3 Amendment 11 OCTOBER 23, 1952 (2) Your present ceiling price for that Job, as determined under section 5 of Celling Price Regulation 34, is not a "fixed charge" which is lower than the price you determined by the use of this Manual (a fixed charge is a charge not computed on the basis of the hourly rate. Examples: Minor tune-up, all Blank Models, $__ Relining brakes on 1951 Blank Cars. $_): and (3) Where you did not use a previous edi¬ tion of this Manual for the job during the base period, the supplementary statement which you file shows that such Job is in¬ cluded among those Jobs for which you will hereafter determine your ceiling price by the use of this Manual. (You must file with your District OPS Office in accordance with section 18 of Ceiling Price Regulation 34 a statement of your intention to use all or any part of this Manual for deter¬ mining your ceiling price of any of your Jobs for which you did not use an earlier edition of this Manual during the base pe¬ riod December 19, 1950, to January 25, 1951, inclusive.) (4) The notice which you post in your place of business, within ten days after you begin to use this Manual, states that such job is included among the jobs for which you will hereafter determine your ceiling price by the use of this Manual. Important: In case you are in doubt about your ceiling prices, consult your OPS Dis¬ trict Office. This notice must be attached to your Manual. Appendix UU This is the “Notice” for the 1953 Ford Sug¬ gested Time Schedule, Passenger Cars. NOTICE You are permitted by OPS to use this manual to arrive at your ceiling price for a given Job; If— (1) You use the Labor Conversion Table at the front part of the Manual to com¬ pute the ceiling price for each Job by multi¬ plying the time allowance of each opera¬ tion by your customers’ hourly rate, which you charged in the base period, December 19, 1950 to January 25, 1951, inclusive; and (2) Your present ceiling price for that job, as determined under section 5 of Ceil¬ ing Price Regulation 34, is not a "fixed charge” which is lower than the price you determined by the use of this Manual (a fixed charge is a charge not computed on the basis of the hourly rate. Examples: Minor tune-up, all Blank Models, $_, Relining brakes on 1951 Blank Cars, $_); and (3) Where you did not use a previous edi¬ tion of this Manual for the Job during the base period, the supplementary statement which you file shows that such Job is in¬ cluded among those jobs for which you will hereafter determine your ceiling price by the use of this Manual. (You mu§t file with your District OPS Office in accordance with section 18 of Ceiling Price Regulation 34 a statement of your intention to use all or any part of this Manual for determining your ceiling price of any of your Jobs for which you did not use an earlier edition of this Manual during the base period December 19, 1950, to January 25, 1951, inclusive.) 85 Serv 32:530 ( 4 ) The notice which you post in your place of business, within 10 days after you begin to use this Manual, states that such Job is Included among the Jobs for which you will hereafter determine your ceiling price by the use of this Manual. Important: In case you are in doubt about your ceiling prices, consult your OPS Dis¬ trict Office. This notice must be attached to your manual. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 11 to Supplementary Regulation 3 to Ceiling Price Regulation 34 shall be effective on October 28, 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Tighe E. Woods, Director of Price Stabilization. October 23, 1952. FILE following 85 Serv 32:530 (11-28-52) 85 Serv 32:531 Approval of Additional Flat Rate Manuals and Labor Schedules (Adding Sec. 2(vv), (ww), and Appendices VV and WW) Ceiling Price Regulation 34 Supplementary Regulation 3 Amendment 12 NOVEMBER 28, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 34, Arndt. 12 to Supplementary Regulation 3] CPR 34—Services SR 3—Approval of Certain Automotive and Farm Tractor Repair Service Flat Rate Manuals APPROVAL OF ADDITIONAL FLAT RATE MAN¬ UALS AND LABOR SCHEDULES Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 <15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 <16 F. R. 738), this Amendment 12 to Supplementary Regulation 3 <16 F. R. 8828) to Ceiling Price Regulation 34, is hereby issued. STATEMENT OF CONSIDERATIONS This amendment adds various flat rate manuals and labor schedules and sup¬ plements thereof to the list of approved flat rate manuals and labor schedules in section 2 of Supplementary Regulation 3 to Ceiling Price Regulation 34. The Statement of Considerations which accompanied Supplementary Reg¬ ulation 3 to Ceiling Price Regulation 34, and Amendment 1 to that regulation are equally applicable to this amendment and are incorporated herein by this ref¬ erence. The character of the approval granted by this amendment made it impractica¬ ble and unnecessary to consult formally with representatives of the industry and trade associations although in each in¬ stance representatives of the publishers of the manuals were consulted and con¬ sideration was given to their recom¬ mendations. In the judgment of the Di¬ rector of Price Stabilization the provi¬ sions of this amendment are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Supplementary Regulation 3 to Ceiling Price Regulation 34 is amended in the following respects: 1. Section 2 is amended by adding after paragraph (uu), paragraph (vv) and (ww) as follows: Your customers’ hourly rate es¬ tablished under CPR 34 and used in connection with the altered manuals. (2) Three or more dealers of the same manufacturer using the same altered manual and doing business within the same geographical area may apply as a group for permission to adopt the ap¬ proved flat rate manual issued by that manufacturer and a modification of their customers’ hourly rate. If the geo¬ graphical area extends into two or more OPS Districts the application should be filed with the OPS District Office in the District in which the largest number of applicants are located. (i) Such group application shall con¬ tain the following information: (a) The name and address of each applicant. 85 Serv 32:534 <•< .V ■:* * i . • * ' ^ ^ V : ' ; * ■ ; -• J? A ' . ■•• ••• }*. i > fc? r-:. t, .tii ! v>- 4 - ■.. : f i * '. ! 'V' ’ l. >'■ . V ■' 1 K W ‘ • ‘ > '.J ■> - V '» t *, n ,* ’ i' f - »•.: 1 I ( V FILE following 85 Serv 32:801 (9-15-52) 85 Serv 32:803 Extending Coverage of Regulation to the 1952 Hunting Season (Amending Secs. 1 and 3) OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 34 Supplementary Regulation 6 Amendment 1 SEPT. 15. 1952 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Celling Price Regulation 34. Arndt. 1 to Supplementary Regulation 6] CPR 34—Services SR 6— Frozen Foods Lockers; Process¬ ing Charges for Wild Deer, Elk and Antelope in Colorado During the 1951 Hunting Season EXTENDING COVERAGE OF REGULATION TO THE 1952 HUNTING SEASON Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amendment 1 to Supplementary Regu¬ lation 6 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment to Supplementary Regulation 6 extends the period for which operators of frozen food lockers in the State of Colorado are permitted to increase their ceiling prices originally established by Ceiling Price Regulation 34, as amended, for processing wild deer, elk and antelope to include the processing of wild deer, elk and antelope killed during the Colorado 1952 hunting season. This amendment also clarifies the word “charges’* as used in Supple¬ mentary Regulation 6 to indicate that the term refers to ceiling prices estab lished under Ceiling Price Regula tion 34, as amended. The Statement of Consideration which accompanied Supplementary Regulation 6 to Ceiling Price Regulation 34 is equally applicable to this amendment and is in¬ corporated herein by this reference. In the formulation of this amendment special circumstances have, rendered consultation with industry represent¬ atives, including trade associated repre¬ sentatives, impracticable. In the judgment of the Director of Price Stabilization, this amendment is generally fair and equitable and com¬ plies with all applicable provisions of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS 1. Section 1 of Supplementary Regu¬ lation 6 to Ceiling Price Regulation 34 is amended to read as follows: Section 1. Purpose. The purpose of this regulation is to permit operators of frozen food lockers in the State of Colo¬ rado to increase their ceiling prices for processing wild deer, elk and antelope killed during the 1951 and 1952 hunting seasons. 2. The first sentence of section 3 of Supplementary Regulation 6 to Ceiling Price Regulation 34 is amended to read as follows: Sec. 3. Ceiling prices. If you operate a frozen foods locker in the State of Colorado, and as a part of that operation you process wild deer, elk and antelope, you may now increase your ceiling prices established by Ceiling Price Regulation 34, as amended, for processing wild deer, elk and antelope killed during the Colo¬ rado 1951 and 1952 hunting season by seventy cents per head. Effective date. This Amendment 1 to Supplementary Regulation 6 to Ceiling Price Regulation 34, as amended, is ef¬ fective September 15, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. September 15, 1952. ' - • • • * FILE following 85 Serv 32:801 (11-7-51) 85 Serv 32:901 Certain Warranty Service on Automobiles, Trucks, Busses, and Tractors Ceiling Price Regulation 34 Supplementary Regulation 7 NOV. 7, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Supplementary Regulation 7] CPR 34 —Services SR 7-CERTAIN WARRANTY SERVICE ON AUTO¬ MOBILES, TRUCKS, BUSSES AND TRACTORS Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 P. R. 738), this Supplementary Regulation 7 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 7 to Ceiling Price Regulation 34 provides for dollar and cents price ceilings for speci¬ fied warranty services in the automo¬ bile, truck, bus and tractor industry. Manufacturers of automotive prod¬ ucts contract with repair shops for the correction of product defects at a rela¬ tively low rate, amounting to approxi¬ mately the cost of labor or about 50 per¬ cent of the rate usually charged to retail customers. This warranty service nor¬ mally constitutes a small percentage (not over 1 or 2 percent) of the repair shops’ service volume. When, as a re¬ sult of product design or the use of un¬ suitable material or other causes, it be¬ comes necessary to make a substitution of parts in such a large number, of vehi¬ cles that the volume of service substan¬ tially affects repair shop facilities for supplying service to wholesale and retail customers, it has been the practice of some automotive product manufacturers to compensate repair shops at a higher rate for warranty services. This is to compensate the repair shop for forego¬ ing its more lucrative retail business, and thereby assures the continued supply of the warranty service. In such cases, the amount paid by the manufacturer for warranty service has not uncommonly approximated the prevailing rates for supplying the same service to retail cus¬ tomers. As a result of an attempt to conserve scarce materials in furtherance of the defense effort, a product defect has oc¬ curred which will require extensive re¬ placement of upper steel tanks on auto¬ motive radiator core assemblies with brass tanks. This is a service for which manufacturers normally have paid a very low rate in proportion to the cost of supplying the service. Because of the large number of vehicles involved, the principal manufacturer who will be pur¬ chasing this warranty service has peti¬ tioned the Office of Price Stabilization for permission to pay approximately re¬ tail prices for this service, rather than the customary lower warranty service charge. It has been asserted that under present conditions, the manufacturers involved will be unable to obtain this service at their customary rate, particu¬ larly because the costs of supplying this specific service have increased very ma¬ terially during the past year. For these reasons, this regulation establishes dol¬ lars and cents ceiling prices to automo¬ tive manufacturers for radiator upper steel tank replacement services which are approximately the same as the charges made by repair shops to indi¬ vidual retail customers. Industry representatives have been consulted in the preparation of this reg¬ ulation and their recommendations have been fully considered. In the judgment of the Director, the prices established by this Supplementary Regulation 7 are generally fair and equitable and are nec¬ essary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Celling Price Regulation 34. 3. Ceiling prices. 4. Definitions. Authority: Sections 1 to 4 issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Supp. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 P. R. 6105; 3 CFR, 1950 Supp. Section 1. Purpose. The purpose of this regulation is to establish a dollar and cents ceiling in the automobile, truck, bus and tractor industry for warranty service involving the replacement of a steel upper tank on an automotive radia¬ tor core assembly with an upper tank of brass or other serviceable materials. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, except as changed by the pricing provisions of this supplementary regulation shall re¬ main in full force and effect. The filing requirements of section 18 (c) of Ceiling Price Regulation 34 do not apply to pric¬ ing actions taken under this sup¬ plementary regulation. Sec. 3. Ceiling Prices. The ceiling prices that may be charged by sellers of automotive radiator repair service to au¬ tomobile, truck, bus and tractor manu¬ facturers for warranty service on auto¬ motive radiator core assemblies shall be as follows: Schedule A —Automotive Radiator Upper Steel Tank Replacement. Includes: Removal of an upper steel tank and Installation of an upper brass tank or upper tank of other suitable material on an automotive radiator core assembly. Does not Include: Removal or Installation of the radiator core assembly In the vehicle. Passenger cars, y 2 , % and 1 ton trucks. $7. 20 1 1 / 2 ton and larger trucks, busses and tractors_$7. 80 Sec.. 4. Definitions. As used in this supplementary regulation, the term “warranty service” means the supply¬ ing of parts and labor for the correc¬ tion of defects for the account of the product manufacturer. Effective date. This supplementary regulation shall become effective Novem¬ ber 7, 1951. Michael V. DiSalle, Director, Office of Price Stabilization. November 7, 1951. '' •; J • > ■ ■«.: 1 f j ■* .: 5 . ‘ * . .. ' • » ■ . . ■ ■■ ,■ ,J •V ; . ‘ • - / - 1 ' ' ' • ‘ r - ■ ■ i • ( / .. t. f . > FILE following 85 Serv 32:901n (11-13-52) (REMOVE to Source File Serv 32:1001-1003) 85 Serv 32-.R1001 Power Laundries in Cook County, Illinois Ceiling Price Regulation 34 Supplementary Regulation 8 Revision 1 NOVEMBER 7, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 34, Supplementary Regulation 8, Revision 11 CPR 34 —Services SR 8—POWER LAUNDRIES IN COOK COUNTY, ILLINOIS Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 (15 F. R. 6105), and Eco¬ nomic Stabilization Agency General Order No. 2 (16 F, R. 738) this Revision 1 to Supplementary Regulation 8 to Ceil¬ ing Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATION^ This revision of Supplement- ry Regu¬ lation 8 to Ceiling Price Regulation 34 permits power laundries in Cook County, Illinois, to increase by ten percent the ceiling prices of their power laundry services. This revised supplementary regulation does not permit the increase to be applied to diaper supply, linen sup¬ ply and dry cleaning services of such laundries. Because of a decrease in earnings due to sharply increased costs resulting from authorized wage increases. Supplemen¬ tary Regulation 8 to Ceiling Price Reg¬ ulation 34 which was issued November 21, 1951, authorized power laundries in Cook County, Illinois, to increase their ceiling prices by five percent. The ad¬ justment was based on financial data for fiscal periods beginning in 1949 and end¬ ing June 1951. However, since the origi¬ nal issuance of Supplementary Regula¬ tion 8, despite some volume increases, further increases in costs arising out of additional wage increases are causing the power laundries in Cook County, Illi¬ nois, to show a loss for 1952 as against a profit for 1949. Under the provisions of this revision the power laundries in Cook County, Illi¬ nois, are permitted to increase the ceil¬ ing prices which they established prior to the five percent increase, or sections 20 (a), 20 of Ceiling Price Regulation 34 are hereby revoked, upon the effective date of this regulation. Sec. 5. Definitions, (a) “Power laun¬ dry” or "power laundries” as used in this regulation are laundries which in the laundry trade are customarily known and designated as such, and do not in¬ clude hand laundries, launderettes or laundries using home-type laundry equipment to supply laundry service. Effective date. This revised supple¬ mentary regulation shall become effec¬ tive November 7, 1952. Note: The reporting requirements of this regulation have been approved by the Bu¬ reau of the Budget in accordance with the Federal Reports Act of 1942. Joseph H. Freehill, Acting Director of Price Stabilization. November 7, 1952. . . . '■ ■ 4 i . . ■ . . FILE following 85 Serv 32:1001 (1-4-52) 85 Serv 32:1101 Tobacco Redrying and Related Service* Ceiling Price Regulation 34 Supplementary Regulation 9 JAN. 4. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A— NATIONAL DEFENSE, APPENDIX Chapter III— Office of Price Stabiliza¬ tion, Economic Stabiliio.idn Ae^ncy | Celling Price Regulation 34, Supplementary Regulation 9 J CPR 34— Services SR 9-TOBACCO REDRYINC AND RELATED SERVICES Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161 (15 F R. 6105). and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Supplementary Regulation 9 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 9 to Ceiling Price Regulation 34, as amended, provides for necessary increases ranging from 15«* to 25<* per hundredweight in ceiling prices for the service of redrying certain kinds of 1951 crop tobacco. By statute, the Commodity Credit Corporation under the Department of Agriculture (CCC) is the government agency responsible for making support loans available to tobacco growers. In 1950, price support was made available on the entire domestic and Puerto Rican production of tobacco This was also the case in 1951, with the exception of U. S. Type 32, Maryland tobacco, and U. S. Type 41, Pennsylvania Seedleaf tobacco. In the usual administration of the price support program, loans are made to tobacco growers and services are supplied (incident to receiving, re¬ drying and storing loan tobacco > by co¬ operative marketing associations. Loans are generally made and services are per¬ formed by warehouse, dealer and storage organizations of various kinds through contractual arrangements entered into between the cooperative marketing as¬ sociation and the CCC The organiza¬ tions performing these services are nor¬ mally paid by the cooperatives which, in turn, are reimbursed by the CCC Loans are usually made by CCC taking into account the grade and type of to¬ bacco and the grower’s compliance with an approved production program. Such loans require that the charges for re¬ drying and other services shall not ex¬ ceed certain limits approved by CCC. The tobacco on which the loans are made is the only collateral taken by the CCC. In an effort to establish a firm cost basis for redrying flue-cured and Burley tobacco, CCC representatives encouraged the cooperatives handling flue-cured and Burley tobacco, to make an extensive cost study of redrying operations to ascer¬ tain so far as practicable the increases in the cost of redrying flue-cured to¬ bacco for the 1951 crop. This study showed the increase for 1951 was 21.4c per hundredweight over the cost for the 1950 crop. The United States Depart¬ ment of Agriculture reports that .the cost increases affecting the 1951 flue- cured operations apply substantially to the same extent to Burley and certain other types of tobacco similarly handled. Generally, flue-cured and Burley redry¬ ers will be able to absorb the increases in cost above the 15c ceiling price in¬ crease permitted by this supplementary regulation. In the case of Virginia flre- cured and Virginia sun-cured tobacco, a •'greater increase in price is necessary because of the more meticulous handling required and because of the lower yield of packed tobacco. These special fac¬ tors necessitate more labor per unit of tobacco. As a consequence, it is only fair that redryers of these kinds of to¬ bacco be permitted an increase which recognizes their normally higher cost factors (which has resulted in a trend of diminished production volume each year) and their apparent inability to absorb part of the cost increase appli¬ cable to their 1951 crop. Accordingly, an increase of 25C per hundredweight over the ceiling price for the 1950 crop is granted in this supplementary regula¬ tion in respect to the redrying of Vir¬ ginia fire-cured and Virginia sun-cured tobacco. It is appropriate and consistent with normal trade practices to apply these redrying services ceiling price increases equally to loan tobacco (under CCC pro¬ grams) and other tobacco (commercial tobacco). Representatives of the CCC and others in the Department of AgriculU' have been consulted extensively in the prepa¬ ration of this regulation and their rec¬ ommendations have been fully consid¬ ered. Due to the imminence of the to¬ bacco redrying season formal consulta¬ tion with industry representatives' has‘ not been held. In the judgment of the Director of Price Stabilization the increases per¬ mitted by this regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Celling Price Regulation 34. 3. Celling prices. 4. Definitions. Authority : Sections 1 to 4 Issued under sec. 704, 64 SUt 816. as amended; 60 U. S. C. App Supp. 2154. Interpret or apply Title IV, 64 Stat. 803. os amended; 50 U. S. C. App. Supp 2101-2110. E. O 10161. Sept 0. 1950. 15 F. R. 6106; 3 CFR. 1950 Supp. Section 1. Purpose The purpose of this supplementary regulation is to per¬ mit an increase in the ceiling prices for the service of redrying the 1951 crop tobacco of certain types over comparable ceiling prices for such service in respect to the 1950 crop tobacco. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended (includ¬ ing the filing requirements of section 18 / a stick pack, Alr-drled tobacco—2 bundle pack, Alr- driea tobacco— V 2 stick pack) of section 3 is amended by adding at the end thereof a new sentence to read as follows: “How¬ ever. the 8c per initial 50 pounds charge is limited to the first 50 pounds of flat work picked up on any one day.” 3. A new subparagraph (3) is added to paragraph (a) of section 4 to read as follows: (3) “Bobtail sellers” means a separate class of purchaser and reseller of whole¬ sale laundering services, consisting of independent routemen and stores, not employed or owned by a laundry furnish¬ ing wholesale services to hotels, which purchases such wholesale laundering services from a wholesale laundry service seller at a discount and resells these services to its own customers at the same prices that the wholesale laundry itself w'ould have charged the same class of purchaser for the same services. Bob- tail sellers do not ordinarily engage in processing operations. (Sec. 704, 64 Stat. 816. as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment to Supplementary Regulation 10 to Ceiling Price Regulation 34 is effective November 10, 1952. Joseph H. Freehill. Acting Director of Price Stabilization. November 10, 1952. : ; WC 2MX. wi'ti'-’jfii ’J n. •. •i ■ K . ’ > . ’ (i ■ ; ' .'9-. X • • ' 1 » • :•<. ■: .• 'v i ‘ ' v • ■ >, r ^ r r ' '.bfu - • .? • ' . >• : . V : " ! r:: ' ) i - r ‘fc ?.'l» • ■>" v '-n j r, ■ . - tv' ■ ■ ■ . « » si,* i . / Bn 4.'. ■ V • ‘ • .1 i'ii • ” ' V • '■I- • ; ' ■ • - r ' ' ■ ; , •• . ■ •ft >. . r ;,:j ■ ■ > ■ - • . ' r, '■ ” ■•V.X •> (1-24-52) 85 Serv 32:1301 FILE following 85 Serv 32:1201 Professional Baseball Ceiling Price Regulation 34 Supplementary Regulation 11 JAN. 24. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 84, Supplementary Regulation 11] CPR 34— Services PROFESSIONAL BASEBALL Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 P. R. 738), this Supplementary Regulation 11 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 11 to Ceiling Price Regulation 34, as amended, establishes the dollars and cents ceiling prices which may be charged for admis¬ sion to the baseball parks in which the major league baseball club teams play their home games. It also establishes a method, within the framework of Ceil¬ ing Price Regulation 34, whereby other professional baseball clubs may compute ceiling prices for admission. Admission charges for baseball games ordinarily are established at the end of one season for the next following season and tickets are printed accordingly. Admission charges for major league baseball games generally have not been increased since 1948. Increased costs, including player salary increases ap¬ proved by the Salary Stabilization Board, traveling expenses while on the road, and maintenance expense for baseball parks have all contributed to the necessity of permitting certain increased admission prices for baseball games. Under Ceiling Price Regulation 34 charges for certain seasonal services may be increased for the 1951 season by a percentage over the charges made during the same season in which the service was delivered in 1950. The policy underlying: ceiling prices established by this regula¬ tion for seasonal services would normally permit professional baseball clubs to in¬ crease the ceiling price on admission charges by 8 percent over 1950 admission charges which is the maximum permitted under Ceiling Price Regulation 34. In the case of the major league base¬ ball clubs the dollars and cents ceiling prices established in this supplementary regulation represent an over-all average increase well within the permissible 8 percent increase over the 1950 admission charges. However, the greater part of such Increase will benefit those major league baseball clubs which have not in¬ creased their admission charges for many years and have prices below the levels heretofore charged by other clubs. In keeping with traditional industry practice this regulation also permits all baseball clubs to charge their customary price differentials for such special events as an All-Star game, a post-season cham¬ pionship series, and the like. It has been impracticable to consult formally with industry advisory com¬ mittees. However, representatives of or¬ ganized professional baseball clubs have been consulted and consideration has been given to their recommendations. In the judgment of the Director of Price Stabilization, the prices established by this supplementary regulation are gen¬ erally fair and equitable and are neces¬ sary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. What this regulation does. 3. Applicability of Celling Price Regulation 34. 3. Celling prices in general. 4. Celling prices for special events. Authority : Sections 1 to 4 Issued under sec. 704, 64 Stat. 816, as amended; 60 XJ. S. C. App. Supp. 2164. Interpret or apply Title IV, 64 Stat. 803, as amended; 60 U. S. C. App. Supp. 2101-2110, E. O. 10161, Sept. 9, 1960, 16 P. R. 6106, 3 CFR, 1950 8upp. Section 1. What this regulation does. This regulation establishes the ceiling prices which may be charged at the home parks of professional baseball clubs as set forth in section 3 and Appendix I of this supplementary regulation. Sec. 2. Applicability of Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, except as changed by the pricing provisions of this supplementary regulation shall re¬ main in effect. However, the filing re¬ quirements of section 18 (c) of Ceiling Price Regulation 34 do not apply to major league baseball clubs. Sec. 3. Ceiling prices in general —(a) Major leagues. (1) The ceiling prices for admission to baseball games played on the home fields of major league base¬ ball clubs are set forth in Appendix I of this supplementary regulation. Admis¬ sion prices for all classes of seats or accommodations not specifically listed in Appendix I shall remain the same as prices charged for those classes of seats or accommodations during the 1951 season. (2) The ceiling prices for admission to pre-season or other exhibition games not at a major league club’s home baseball park shall be the admission price charged in 1950 for similar games, exclusive of Federal, State and local taxes on admis¬ sions, increased by eight (8%) percent and adjusted to the nearest nickel. (b) Other professional baseball clubs. (1) The ceiling prices for admission to baseball games played by all other pro¬ fessional baseball clubs shall be the ad¬ mission charge made during the 1950 baseball season, exclusive of Federal, State and local taxes on admissions, in¬ creased by eight (8%) percent and ad¬ justed to the nearest nickel. (2) Instead of Increasing admission charges for all types of seats by the per¬ mitted 8 percent, a non-major league baseball club may determine this increase on the basis of a day’s total admission revenues less admission taxes during the 1950 season computed for its capacity attendance and then multiply by 8 per¬ cent. It may then increase the dollars and cents price for one or more class of seats, as it sees fit, provided that the total increase in admission revenues, less admission taxes, based upon capacity at¬ tendance remains within the permissible 8 percent authorized increase. Sec. 4. Ceiling prices for special events. Ceiling prices for admission to special games (World Series, All-Star Games, and the like) played by all professional baseball clubs, not specifically covered by this supplementary regulation, shall be computed in accordance with ceiling prices established by this supplementary regulation on the basis of the customary differential, if any, charged for these special games in 1951. Effective date. This Supplementary Regulation 11 to Ceiling Price Regulation 34 shall be effective on January 29, 1952. Michael V. DiSalle, Director of Price Stabilization. January 24, 1952. APPENDIX I MAJOR LEAGUES [All celling prices Include Federal. State, and local admission taxes] American League Ceiling Boston: prices Box seats_$3. 60-62. 40 Reserved seats_ 1. 80 General admission_ 1.20 Bleacher_ . 60 Chicago: Box seats_2. 50 Reserved seats_ 2.00 General admission_ 1.60 Bleacher_ . 60 Cleveland: Box seats_ 2. 25 Reserved seats_ I. 66 General admission__ 1.25 Bleacher_ . 60 Detroit: Box seats_ 2. 50 Reserved seats_ 1.75 General admission_ 1. 20 Bleacher_ . 60 New York: Box seats_ 3. 00 Reserved seats___ 2.00 General admission_ 1. 25 Bleacher_ , 60 85 Serv 32:1302 American League Philadelphia: Ceiling prices . 62. 75 National League Boston: Box seats- Ceiling prices $3. 60-3.40 1 ftfl . a. 00 _ l.ao _ 1.30 _ .90 . .75 Brooklyn: . 3.00-8.60 . 1.75 St. Louis: He served wn v® — _ 1.35 _ 2.35 _ .60 . 1.86 General admission. . 1.35 . 3.50 a. oo _ 1.60 . .60 Washington: . 2 . 60 Cincinnati: . 3.35-3.00 . 1.76 ._ 2.00-1.76 General admission .- . 1.25 . .80 General admission- . 1.25 .65 National League New York: Box seat*--- Reserved seats- General admission... Bleacher- Pittsburgh: Box seats- Reserved seats- General admission.~ Bleacher- Philadelphia: Box seats- Reserved seats- General admission... Bleacher- 8t. Louis: Box Beats - Reserved seats- General admission.. Bleacher- Ceiling prices . 93.00 _ a. oo . 1.36 .60 a. 76 a. ao 1.40 1.00 a. 75 a. oo 1.30 .75 _ a. as . 1.85 1.35 . 1.00 FILE following 85 Serv 32:1302 (1-29-52) 85 Serv 32:1303 Ceiling Price Regulation 34 Supplementary Regulation 11 Correction JAN. 29, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Supplementary Regulation 11, Correction] CPR 34—Services SR 11-PROFESSIONAL BASEBALL Correction Due to a clerical error in Appendix I of Supplementary Regulation 11 to Ceil¬ ing Price Regulation 34, as amended, the ceiling price for bleacher seats of the St. Louis National League baseball club was stated as $1.00 instead of $0.75. Accord¬ ingly, it is necessary to correct that Ap¬ pendix so that the ceiling price for bleacher seats of the St. Louis National League baseball club shall read as follows: Bleacher_$0. 75 (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Michael V. DiSalle, Director of Price Stabilization. January 29, 1952. ' ■ FILE following 85 Serv 32:1303 (1-2-53) 85 Serv 32:1305 Modification of Admission Price Ceiling Price Regulation 34 (Amending App. I) Supplementary Regulation 11 Amendment 1 JANUARY 2, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Arndt. 1 to Supplementary Regulation 11 ] CPR 34— Services SR 11—Professional Baseball MODIFICATION OF ADMISSION PRICE Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 (15 P. R. 6105), and Economic Sta¬ bilization Agency General Order No. 2 (16 P. R. 738), this Amendment 1 to Supplementary Regulation 11 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to Supplementary Regulation 11 to Ceiling Price Regula¬ tion 34, as amended, permits the Cincin¬ nati Baseball Club to charge $2.00 for admission to all reserved seats for all baseball games at which reserved seat admission charges have been made cus¬ tomarily. This slight modification of the Cincinnati Baseball Club’s schedule of admission charges is well within the eight percent limitation set forth in section 8 of Ceiling Price Regulation 34 and ap¬ plied to professional baseball by Supple¬ mentary Regulation 11 thereto. The Statement of Considerations contained in that supplementary regulation is equally applicable to this regulatory ac¬ tion and is incorporated by reference herein. In view of the special nature of this amendment, circumstances have ren¬ dered extensive consultation with indus¬ try representatives, including trade asso¬ ciation representatives, impracticable. In the judgment of the Director of Price Stabilization, the ceiling price estab¬ lished by this supplementary regulation is generally fair and equitable and is necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Appendix I of Supplementary Regula¬ tion 11 to Ceiling Price Regulation 34, as amended, is amended by deleting the sum $1.75 from the schedule of reserved seat admissions for the Cincinnati Base¬ ball Club so that the ceiling price for the reserved seat admissions shall be $2.00 in all cases. The new schedule of admissions shall read as follows: Cincinnati: Box seats_$2. 25-$2. 00 Reserved seats_ 2. 00 General admission_ 1. 25 Bleacher_ . 65 (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154) Effective date. This amendment shall be effective January 7, 1953. Joseph H. Freehtll, Acting Director of Price Stabilization. January 2, 1953. ■- . ' ■ • j ■ , 11 ; 9 • / FILE following 85 Serv 32:1303 (2-6-52) 85 Serv 32:1401 Summer Camps Ceiling Price Regulation 34 For Children Supplementary Regulation 12 FEB. 6, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—-NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Celling Price Regulation 34, Supplementary Regulation 12] CPR 34—Services SUMMER CAMPS FOR CHILDREN Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161 (15 F. R. 6105), and Economic • Stabilization Agency General Order No. 2 (16 F. R. 738), this Supplementary Regulation 12 to Ceiling Price Regula¬ tion 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 12 to Ceiling Price Regulation 34, as amended, establishes ceiling prices for services rendered in customary camping facili¬ ties by summer camps solely conducted for children except non-profit summer camps whose charges do not exceed $30 per week. This latter group of summer camps is being exempted from ceiling price regulation concurrently with the issuance of this supplementary regula¬ tion. This regulation also establishes ceiling prices for accommodations main¬ tained by summer camps for the con¬ venience of parents during the summer camping season. Amendment 1 to Supplementary Reg¬ ulation 15 to the General Ceiling Price Regulation suspended the application of ceiling price regulations' to summer camps for a period of six months from April 18, 1951. Ceiling Price Regulation 34, which is now applicable to summer camps, permits sellers of seasonal serv¬ ices not rendered in the base period of December 19, 1950, to January 25, 1951, to determine their ceiling prices by add¬ ing an adjustment factor to their 1950 prices. This supplementary regulation adds an additional method whereby summer camps may determine their ceil¬ ing prices. Under this supplementary regulation, the ceiling price for a summer camp service is either (1) the price charged for substantially the same service during the 1950 summer camp season plus eight percent, or (2) the highest price charged or announced for substantially the same service during the 1951 summer camp season. The eight percent increase over 1950 prices is consistent with the per¬ centage increases permitted by section 8 (c) of Ceiling Price Regulation 34 for seasonal services. The ceiling prices established by this regulation are generally fair and equi¬ table. If any individual camp finds itself in financial difficulty, it may file an ap¬ plication for adjustment under section 20 (a) of Ceiling Price Regulation 34. Extensive consultation with members of the affected service field was had dur¬ ing the time that the suspension of sum¬ mer camps from ceiling price regulation for the 1951 season was considered. Since that time further consultation has been had with industry representatives and their suggestions have been consid¬ ered fully. In the judgment of the Director of Price Stabilization the provi¬ sions of this regulation are generally fair and equitable and are necessary to ef¬ fectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. What this regulation does. 2. Relationship to Celling Price Regulation 34. 3. Ceiling prices. 4. Piling. Authority: Sections 1 to 4 Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154. Interpret or apply Title IV, 64 Stat. 808, as amended; 50 U. S. C. App. Supp. 2101-2110; E. O. 10161, Sept. 9, 1950, 15 F. R. 6105, 3 CPR, 1950 Supp. Section 1. What this regulation does. This supplementary regulation estab¬ lishes ceiling prices for services rendered to campers and visiting parents in cus¬ tomary camping facilities by summer camps conducted solely for children, other than non-profit summer camps whose maximum weekly charges do not exceed-$30 per camper. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, except as affected by the provisions of this supplementary regulation shall remain in effect. Sec. 3. Ceiling prices. (a) If you operated a summer camp during the pe¬ riod April 18, 1951, to October 17, 1951, inclusive, your ceiling prices for your camping services shall be either: (1) The highest price which you charged for substantially the same serv¬ ice to any camper or visiting parent dur¬ ing the 1951 summer camping season. If you announced, in writing, prior to or during the 1951 summer camping season, an increase in price but did not put such price increase into effect although you were legally entitled to do so, you may increase the highest price which you charged for substantially the same serv¬ ice to any camper or visiting parent dur¬ ing the 1951 camping season by the amount of such 1951 proposed increase; or (2) The highest price which you charged for substantially the same serv¬ ice to any camper or visiting parent dur¬ ing the 1950 summer camp season in¬ creased by eight percent. (b) If you did not operate a summer camp during the period April 18, 1951, to October 17, 1951, inclusive, or if you provide new camping services you deter¬ mine your ceiling prices under either sec¬ tion 6 or section 7 of Ceiling Price Regu¬ lation 34, whichever section is applica¬ ble. Sec. 4. Filing. Within 30 days after February 11, 1952, you must prepare and file a statement with the District Office of the Office of Price Stabilization, in ac¬ cordance with section 18 (b) of Ceiling Price Regulation 34. In addition, you must conform to the record-keeping re¬ quirements of section 18 (a) of Ceiling Price Regulation 34. Effective date. This Supplementary Regulation 12 to Ceiling Price Regula¬ tion 34 shall become effective February 11. 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Edward F. Phelps, Jr., Acting Director of Price Stabilization. February 6, 1952. ■ FILE following 85 Serv 32:1401 (3-7-52) 85 Serv 32:1501 Window Washing and Building Janitorial Services in the New York Area OFFICE OF PRICE STABILIZATION WASHINGTON Ceiling Price Regulation 34 Supplementary Regulation 13 MARCH 7, 1952 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Supplementary Regulation 13 ] CPR 34— Services SR 13— WINDOW WASHING AND BUILDING JANITORIAL SERVICES IN THE NEW YORK AREA Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Supple¬ mentary Regulation 13 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation to Ceiling Price Regulation 34 authorizes an increase in ceiling prices for persons who supply window washing and building janitorial services in the City of New York and in the Counties of Westchester, Nassau and Suffolk, State of New York, to reflect the amount of direct labor wage increases occurring after January 25, 1951, if the Wage Stabilization Board has approved, or hereafter approves in respect to matters now pending before that Board, such direct labor wage in¬ creases plus 17 percent of such approved wage increases representing increases in fringe labor costs such as social security and unemployment and health insur¬ ance taxes, vacation and holiday pay,- workmen’s compensation and public liability insurance premiums. These services are performed by ap¬ proximately 250 establishments, the ma¬ jority of which have annual gross receipts of $30,000 or less. A group of the suppliers of such services presented data during the past few months in sup¬ port of their requests for increases in their ceiling prices to relieve them from rising costs flowing from certain wage increases, heretofore granted, and other wage increases now pending. Their ex¬ perience indicates that their direct labor costs for the rendering of these services range from 60 percent to 80 percent of sales price. It appears that these sup¬ pliers normally operate on a very small earnings margin and data so far avail¬ able indicates that in general they do not have the financial capacity to absorb wage increases and continue the effective operation of their businesses. As a con¬ sequence, the increases in labor costs necessitate ceiling price increases if these suppliers are to be relieved from undue interference with continued oper¬ ation. Since this wage increase situation affects similarly many suppliers of the services, an area-wide adjustment is au¬ thorized rather than the issuance of numerous individual orders of adjust¬ ment under section 20 (a) of Ceiling Price Regulation 34. The standards em¬ bodied in section 20 (a) have been taken into account and reasonably adapted to this area-wide group situation. This supplementary regulation covers only wage increases already approved by or now pending before the Wage Sta¬ bilization Board. This supplementary regulation per¬ mits a seller to adjust his ceiling prices as of December 1, 1951, or the effective date of Wage Stabilization Board ap¬ proval, whichever is later. Discussions with respect to the need for an adjust¬ ment were begun by industry represent¬ atives long before December 1, 1951. Adjustable pricing pending final action was not authorized under section 21 of Ceiling Price Regulation 34 because it was contemplated that final action would be taken by December 1951. Due to circumstances not then foreseen, this was not possible. In this special situa¬ tion, it is considered appropriate to allow adjustments as of December 1, 1951 where wage increases announced by the Wage Stabilization Board are effective as of that time. The data on the basis of which this action is being taken are not sufficiently up-to-date or complete to be conclusive. Accordingly, a further study will be made by the Office of Price Stabilization on the basis of more recent data, and the adjustment authorized by this action will be modified if necessary as the result of such a study. In the formulation of this supple¬ mentary regulation there was consulta¬ tion with industry representatives, including trade association representa¬ tives, to the extent practicable, and con¬ sideration was given to their recom¬ mendations. In the judgment of the Director of Price Stabilization the pro¬ visions of this supplementary regulation to Ceiling Price Regulation 34 are gen¬ erally fair and equitable and are neces¬ sary to effectuate the purposes of the Defense Production Act of 1950, as amended. Regulatory Provisions Sec. 1. What this regulation does. 2. Relationship to Ceiling Price Regulation 34. 3. Celling prices. 4. Definitions. Authority: Sections 1 to 4 issued under sec. 704. 64 Stat. 816, Pub. Law 96, 82d Cong.; 50 U. S. C. App. Supp. 2154. Interpret or apply Title IV, 64 Stat. 803, Pub. Law 96, 82d Cong.; 50 L T . S. C. App. Supp. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105, 3 CFR, 1950 Supp. Section 1. What this regulation does. This supplementary regulation author¬ izes ceiling price increases for suppliers of window washing and building jani¬ torial services in the Counties of New York, Kings, Queens, Bronx, Richmond, Westchester, Nassau and Suffolk, in the State of New York, hereinafter some¬ times called the “New York area”, based upon increases in labor costs occurring after January 25, 1951, as a result of wage increases approved by the Wage Stabilization Board and which were pending before that Board on or before March 12, 1952. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, except as changed by the provisions of this sup¬ plementary regulation, shall remain in effect with respect to suppliers of services covered by this supplementary regula¬ tion. Sec. 3. Ceiling prices. If you supply window washing or building janitorial services under contracts (see definition of contracts in section 4) in the Counties of New York, Kings, Queens, Bronx, Richmond, Westchester, Nassau and Suffolk, in the State of New York, you may increase the ceiling prices of the services rendered pursuant to such con¬ tracts under the circumstances and to the extent permitted by paragraph (a) of this section. (a) Ceiling prices for services under contracts affected by direct labor wage increases paid after January 25, 1951 and either approved by or pending before the Wage Stabilization Board prior to March 12, 1952. (1) If after January 25, 1951 you increase the wages you pay to your direct labor employees engaged in the performance of window washing or building janitorial services in the New York area by amounts permitted by gen¬ eral order of the Wage Stabilization Board or a specific order of the Wage Stabilization Board issued in respect to a matter pending before that Board on or before March 12, 1952, you may in¬ crease the ceiling prices for supplying those services in the New York area under each of your contracts as follows: (i) For your direct labor employees who have received such direct labor wage increases, and who are paid on a monthly, semi-monthly, bi-weekly, weekly, or daily basis, for work per¬ formed each month on and after Decem¬ ber 1, 1951 or the effective date of Wage Stabilization Board approval, whichever is later, the average dollar and cent amount for such direct labor wage in¬ crease, reasonably allocated to the par¬ ticular service contract, plus an amount equal to 17 percent thereof; and for your direct labor employees who have received such direct labor wage increases, and who are paid on an hourly basis, for work performed on and after December 1, 1951 or the effective date of Wage 85 Serv 32:1502 Stabilization Board approval, whichever is later, the hourly wage dollar and cent increase plus an amount equal to 17 percent thereof multiplied by the num¬ ber of hours worked by those direct labor employees each month and reasonably allocated to the particular services con¬ tract. Computations of averages and allocation of cost increases to particular services contracts shall conform to OPS Public Form No. 131. (ii) You must file with the New York OPS District Office under this paragraph (a) within 180 days after March 12, 1952 a completed OPS Public Form No. 131. You may increase the ceiling prices un¬ der your contracts as permitted under section 3 (a) (1) (i) as soon as you file OPS Public Form No. 131 in accordance with this paragraph. You may supple¬ ment your filing from time to time with¬ in the 180 day period. (b) You may charge and your cus¬ tomers may pay less than the ceiling prices permitted under this regulation. (c) OPS may at any time disapprove or modify the ceiling prices established under paragraph (a) of this section to conform to the requirements of this sup¬ plementary regulation. Sec. 4. Definitions, (a) When used in this supplementary regulation: (1) “Building janitorial services” shall include cleaning, washing and waxing of floors; vacuum cleaning and shampoo¬ ing carpets, rugs and hangings in build¬ ings; low and high cleaning of furniture and fixtures; furniture polishing; wall and partition washing; interior and ex¬ terior metal polishing; washing blinds, shades and electrical fixtures; cleaning lavatories or rest rooms; and furnishing porters, matrons, elevator operators and similar types of operating personnel in all types of buildings. The term does not include pest control services, such as exterminating, fumigating or disinfect¬ ing services; any exterior cleaning other than metal polishing; or the perform¬ ance of any construction or related services, such as alterations, painting, decorating or redecorating. (2) “Window washing services” means the washing and cleaning of sash, case¬ ment and plate glass windows, glass par¬ titions and glass doors. (3) “Contracts” mean written con¬ tracts or memoranda, data or records evidencing arrangements to supply or that you have supplied to your purchas¬ ers for a stated sum window washing or building janitorial services in the New York area. (4) “Direct labor” means the labor which is used physically to perform the window washing or building janitorial services in the New York area and does not include the performance of services in an executive, supervisory, general ad¬ ministrative or sales capacity. “Direct labor employees” means employees en¬ gaged in such direct labor. “Direct la¬ bor wage increases” means the wage in¬ creases for such direct labor and does not include fringe direct labor costs as defined herein or any other labor costs. (5) “Fringe direct labor costs” means direct labor costs other than wages and includes Federal social security taxes. Federal and New York State unemploy¬ ment insurance taxes. New York State health insurance taxes, vacation and holiday pay, workmen’s compensation and public liability insurance pre miums , and supervisory pay of foremen to the extent they are not direct labor employees. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154.) Effective date. This Supplementary Regulation 13 to Ceiling Price Regula¬ tion 34 shall become effective March 12, 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stabilization. March 7, 1952. FILE following 85 Serv 32:1502 (3-24-52) 85 Serv 32:1601 Marine Terminal Companies Operating Under Joint Agreements Pursuant to Section 15 of Shipping Act of 1916 as Amended Ceiling Price Regulation 34 Supplementary Regulation 14 MARCH 24, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter 1(1—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Supplementary Regulation 14 [ - — CPR 34— Services SR 14—MARINE TERMINAL COMPANIES OPER¬ ATING UNDER JOINT AGREEMENTS PURSU¬ ANT TO THE. PROVISIONS OP SECTION 15 OP THE SHIPPING ACT OP 1016, AS AMENDED Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161 (15 F. R. 6105) and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Supplementary Regulation 14 to Ceiling Price Regula¬ tion 34 is hereby issued. STATEMENT OP CONSIDERATION Except for certain stevedoring and carloading services which have been specifically exempted from price control, all marine terminal services are subject to price control by the Office of Price Stabilization under the provisions of Ceiling Price Regulation 34, effective May 16, 1951. Marine terminal com¬ panies handle all types and classes of commodities in providing their terminal services and publish tariffs which specify the rates and charges currently assessed for each type of commodity handled or service afforded. Changing conditions in the industry require either a reduc¬ tion or an increase in the rates and charges assessed for the various services provided and usually there are a number of tariff changes made each year. Un¬ der the present provisions of Ceiling Price Regulation 34, a marine terminal company desiring an Increase in any of its ceiling rates or charges is required to apply to the Office of Price Stabiliza¬ tion for adjustment thereof and obtain approval therefor before charging the increased rate or charge. Inasmuch as the very nature of the business requires rates and charges to be adjusted as con¬ ditions change, each individual marine terminal company is now required to file a large number of individual applica¬ tions seeking approval of the various ad- justments it desires to make. This re¬ sults in a substantial burden being placed upon the respective marine ter¬ minal companies as well as upon the staff of the Office of Price Stabilization which is required to process each appli¬ cation for adjustment. Unless Ceiling Price Regulation 34 is modified or sup¬ plemented so as to provide for the fixing or adjusting of uniform ceiling rates on a group basis, marine terminal com¬ panies operating in the manner dis¬ cussed below which desire to establish ceiling rates covering new services or to increase any one of the many rates and charges assessed by them on a uniform basis would be required to apply indi¬ vidually for the relief they seek. Fur¬ thermore, the uniform rate structure presently maintained by marine ter¬ minal companies in various areas, with the approval of the Federal Maritime Board, will be disrupted. The wharfage, dock and other terminal services afforded by marine terminal companies in connection with common carriers by water are subject to certain controls by the Federal Maritime Board. Under the provisions of section 15 of the Shipping Act of 1916, as amended, marine terminal companies may enter into agreements with one another pro¬ viding for the fixing of rates and for ex¬ clusive, preferential or cooperative work¬ ing arrangements, provided such agree¬ ments are filed with and approved by the Federal Maritime Board. Signatories to such agreements are prohibited from participating In any discriminatory prac¬ tices and are required to establish and enforce just and reasonable regulations and practices related to or connected with the receiving, handling, storing, or delivery of property. Under section 15 of the Shipping Act, the Federal Mari¬ time Board has the power to disapprove, cancel, or modify any joint agreement entered into by marine terminal com¬ panies which it finds to be unjustly discriminatory or unfair among signa¬ tories thereto or to operate to the detri¬ ment of the commerce of the United States. It also has the power to prevent discrimination between shippers in any respect, including rate discrimination. Marine terminal companies in various areas have entered into agreements of the type specified above and have ob¬ tained from the Federal Maritime Board the necessary approval thereof. Under each of these agreements the participat¬ ing marine terminal companies have formed associations which act on behalf of the participating members of such as¬ sociations. These associations, as a mat¬ ter of practice, have either authorized an agent to publish tariffs on behalf of all their respective members, or the various members of the respective associations have concurred in the rates and charges published by one of the terminal com¬ panies which is a member of the partic¬ ular association. Under either of such practices, the necessity for each member of an association to make a separate fil¬ ing with the Federal Maritime Board of its rates and charges is eliminated, the filing for all members being accom¬ plished by the publishing agent being authorized to act for all. As a conse¬ quence, uniform rates and charges are collected by all members of the association. The authority of the Federal Maritime Board with respect to terminal services is to prevent unreasonable and discrim¬ inatory practices. Thus with respect to marine terminal facilities the Federal Maritime Board does not regulate the rates themselves except Insofar as they may involve unreasonable or discrim¬ inatory practices. In view of the Impracticability of es¬ tablishing or adjusting ceiling rates for the signatories to section 15 agreements on an individual basis, it is deemed to be in the best interest of the stabilization program to provide for the establishing or adjusting of uniform celling rates on a group basis, provided the proper safe¬ guards are maintained to insure that the general purposes of the Defense Produc¬ tion Act of 1950, as amended, are prop¬ erly carried out. Accordingly, this supplementary regulation provides that signatories to joint agreements filed with the Federal Maritime Board under the provisions of section 15 of the Shipping Act of 1916, as amended, may file as a group with the Office of Price Stabiliza¬ tion, simultaneously with the filing re¬ quired by the Federal Maritime Board, each proposal involving the establish¬ ment of a ceiling rate for new services or the adjustment of existing ceiling rates. In connection with such filings, this regulation provides that the Direc¬ tor of Price Stabilization shall, within 20 days from the date of filing, either ap¬ prove or disapprove the rates proposed. If he falls to act within the 20-day pe¬ riod, the rates proposed shall become the new ceiling rates for the signatories to the joint agreements filed under the pro¬ visions of section 15 of the Shipping Act of 1910, as amended. This supplemen¬ tary regulation further provides that, if the Director of Price Stabilization noti¬ fies the Federal Maritime Board, and the applicants, within the 20-day period specified above, that additional time for the disposition of the applications is re¬ quired, the proposed celling rates may become effective only to the extent that they are finally approved by the Office of Price Stabilisation. In the formulation of this supplemen¬ tary regulation, there has been consulta¬ tion with the Federal Maritime Board and with industry representatives, in¬ cluding trade association representa¬ tives, to the extent practicable, and con¬ sideration has been given to their recommendations. In the judgment of 85 Serv 32:1602 the Director of Price Stabilization, the provisions of this supplementary regula¬ tion are generally fair and equitable and will effectuate the purposes of the De¬ fense Production Act of 1950, as amended. rboulatory provisions See. 1. What this regulation does. 2. Relationship to Celling Price Regulation 34. 8. Establishment of celling rates and charges. 4. Adjustment of celling rates and charges. 5. Effectiveness of new and adjusted celling rates. Authority : Sections 1 to 6 Issued unaer sec. 704, 04 Stat. 816, as amended; 50 U. S. C. App. Sup. 3154. Interpret or apply Title IV, 04 Stat. 803, as amended; 50 U. S. C. App. sup. aioi-ano; s. o. ioioi, sept, o, ioso, 15 P. R. 6105; 3 CFR. 1060 Supp. Section 1. What this regulation does. This regulation provides a means for establishing or adjusting on a group basis, uniform ceiling rates and charges for marine terminal companies operat¬ ing under joint written agreements filed with the Federal Maritime Board pur¬ suant to the provisions of section 15 of the Shipping Act of 1916, as amended. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34 applicable to ma¬ rine terminal companies, except as changed by the provisions of this sup¬ plementary regulation, shall remain in full force and effect. Sec. 3, Establishment of ceiling rates and charges. Whenever marine termi¬ nal companies subject to this regulation desire to establish uniform celling rates or charges for services for which no cell¬ ing rates have been established, an ap¬ plication setting forth the proposed rates and charges must be filed with the Transportation, Public Utilities and Fuels Division, Office of Price Stabiliza¬ tion. Washington 25, D.' C., simulta¬ neously with the filing of such rates and charges required by the Federal Mari¬ time Board pursuant to the provisions of section 15 of the Shipping Act of 1916, as amended. A joint application may be filed by the marine terminal companies, either directly or through an authorized agent Each filing shall be accompanied by a description of the service most com¬ parable to the one for which a rate is re¬ quested, the ceiling rates for the most comparable service, the reasbns for se¬ lection of such service, an explanation of the differences, if any, between the rates for the most comparable service and the proposed ceiling rates. Each such filing shall be sent by registered mail, return receipt requested. The date on the re¬ turn receipt will, indicate the effective date of filing. Sec. 4. Adjustment of ceiling rates and , charges. Marine terminal companies subject to this regulation may seek uni¬ form adjustments in their rates appear¬ ing in tariffs on file with the Federal Maritime Board by filing the proposed adjusted rates and charges with the Transportation, Public Utilities and Fuels Division, Office of Price Stabiliza¬ tion, Washington 25, D. C., simultane¬ ously with the filing required by the Fed¬ eral Maritime Board pursuant to the provisions of section 15 of the Shipping Act of 1916, as amended. (a) General rate increases. If an ad¬ justment in the general level of ceiling rates is sought, the criteria for adjust¬ ment contained in section 20 of Ceiling Price Regulation 34 shall govern the dis¬ position of the application. Each appli¬ cant company must file, by registered mail, in duplicate, OPS Public Form Pub. 43, Revised, with the Transportation, Public Utilities and Fuels Division, Office of Price Stabilization, Washing¬ ton 25, D. C., and identify the group with which it is associated in an agree¬ ment pursuant to section 15 of the Ship¬ ping Act of 1916, as amended. (b) Adjustment of specific rates. If an adjustment in specific rates and charges is sought, a statement specifying the ceiling rates proposed to be changed, the proposed ceiling rates and the justi¬ fication for the proposed change in rates must be filed with the Transportation, Public Utilities and Fuels Division, Office of Price Stabilization, Washington 25, D. C. Insofar as possible, the justifica¬ tion should Indicate the volume of busi¬ ness represented by the service for which the rate adjustment is requested, its relationship to the business as a whole, any peculiarities of the service which necessitate an adjustment and any changes in costs associated with the particular service. An application under this section may be filed by a marine terminal company on behalf of all signatories to a section 15 agreement or by an agent authorized to act for all such signatories. An appli¬ cation for a general rate increase under paragraph (a) shall include a statement that each signatory company has filed OPS Public Form Pub. 43, Revised, in duplicate with the Office of Price Stabili¬ zation, Washington 25, D. C. Each application shall be sent by reg¬ istered mail, return receipt requested. The date on the return receipt will indi¬ cate the effective date of filing. Addi¬ tional information may be required by OPS, and such additional information likewise must be sent by registered mail, return receipt requested. Sec. 5. Effectiveness of new and ad¬ justed ceiling rates, (a) Twenty days after the filing of an application under section 3 or section* 4 of this supple¬ mentary regulation, or twenty days after the receipt of additional information, if such information is requested, the pro¬ posed rates or charges shall become law¬ ful ceiling rates, unless the Office of Price Stabilization disapproves the pro¬ posed rates or charges in whole or in part. Provided, however. That the Of¬ fice of Price Stabilization prior to the expiration of the appropriate 20-day period specified above, may notify, in writing, the Federal Maritime Board and the applicants that additional time for disposition of the applications is re¬ quired. In the event of such notification the proposed rates and charges shall not become effective unless, until, and only to the extent that they are approved by the Office of Price Stabilization. Effective date. This Supplementary Regulation 14 to Ceiling Price Regula¬ tion 34 is effective March 29, 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stabilization. March 24, 1952. FILE following 85 Serv 32:1602 (6-2-52) 85 Serv 32:1603 Certain Private Marine Ceiling Price Regulation 34 Terminal Services Supplementary Regulation 14 Amendment 1 JUNE 2, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON 4 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Amdt. 1 to Sup¬ plementary Regulation 14] CPR 34—Services SR 14— Marine Terminal Companies Op¬ erating Under Joint Agreements Pur¬ suant to the Provisions of Section 15 of the Shipping Act of 1916, as Amended CERTAIN PRIVATE MARINE TERMINAL SERVICES Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161 (15 P. R. 6105) and Economic Stabilization Order No. 2 (16 P. R. 738), this Amendment 1 to Supplementary Regulation 14 to Ceiling Price Regula¬ tion 34 is hereby issued. STATEMENT OF CONSIDERATIONS Supplementary Regulation 14 to Ceil¬ ing Price Regulation 34 provides a means for establishing or adjusting on a group basis the rates and charges of marine terminals operating under agreements approved by the Federal Maritime Board under section 15 of the Shipping Act of 1916, if such agreements require all of the signatories thereto to maintain uni¬ form rates and charges. Since the issuance of SR 14 the rates of publicly owned marine terminals, some of which are parties to such agree¬ ments, have been exempt from price con¬ trol by Amendment 9 to General Over¬ riding Regulation 14. In addition, it has come to the attention of the Director that some privately owned terminals which are parties to such agreements are appropriately to be classified as public utilities exempt from price control under section 402 (e) (v) of the Defense Pro¬ duction Act. In at least one instance publicly owned terminals, privately owned terminals exempt from price control as public utilities, and privately owned terminals covered by SR 14 are all parties to a single agreement approved by the Mari¬ time Board which requires the mainte¬ nance of uniform rates. Such circum¬ stances were not contemplated when OPS issued SR 14, which,is designed to per¬ mit, within the standards of CPR 34, the maintenance of uniformity in rates by parties to such agreements. SR 14 pro¬ vides for a filing for adjustment on be¬ half of all of the signatories to a section 15 agreement, not for a filing by only some of them. The rates of marine terminals which are public utilities and the rates of pub¬ licly owned marine terminals have been exempt from price control by the Con¬ gress and by OPS because they have been deemed not to be a source of serious in¬ flationary dangers. Since all of the par¬ ties to a section 15 agreement requiring uniform rates compete in the same gen¬ eral area under substantially the same conditions and the agreement itself must be given legal sanction by the Maritime Board, it is the view of the Director that, consistently with the maintenance of effective price control, the ceiling rates of terminals controlled by OPS can be permitted to be adjusted to conform to the rates established by the publicly owned and privately owned but publicly regulated terminals where agreements such as that described above so require. This amendment permits terminals sub¬ ject to CPR 34 and SR 14 to adjust their rates accordingly. In the formulation of this amendment there has been extensive consultation with industry representatives, including representatives of terminal associations, and consideration has been given to their recommendations. AMENDATORY PROVISIONS Ceiling Price Regulation 34, Supple¬ mentary Regulation 14, is amended in the following respect: Section 4 is amended by adding at the end thereof the following: (c) In-line adjustments. (1) If any marine terminal companies subject to this regulation have entered into an agreement with publicly owned marine terminals, as defined in paragraph 89 of section 3 (a) of General Overriding Reg¬ ulation 14, or with marine terminals classified as public utilities under sec¬ tion 402 (e) (v) of the Defehse Produc¬ tion Act, as amended, which agreement requires all of the signatories thereto to maintain uniform rates and charges and has been approved by the Federal Mari¬ time Board under section 15 of the Ship¬ ping Act of 1916, as amended, adjust¬ ments may be made in their ceiling rates and charges to conform to their obliga¬ tions under that agreement. (2) Adjustments under this para¬ graph may be had by filing with the Transportation, Public Utilities and Fuels Division, OPS, Washington 25, D. C., a statement specifying the termi¬ nal companies whose rates and charges are proposed to be adjusted, the rates and charges to be adjusted, the adjust¬ ments to be made, and that such adjust¬ ments are necessary to conform to an agreement approved by the Maritime Board requiring the maintenance of uni¬ form rates and charges, accompanied by or referring to the applicable agreement. The adjusted rates and charges shall be¬ come lawful ceiling rates and charges upon the receipt by OPS of such filing and shall continue to be such unless modified by an order of OPS. Filings may be made by one of the marine ter¬ minal companies seeking an adjustment under this paragraph on behalf of all the marine terminal companies seeking such adjustments or by any agent au¬ thorized to act for all such marine ter¬ minal companies. (Sec. 704, 64 Stat. 816,. as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 1 to Supplementary Regulation 14 to Ceiling Price Regulation 34, is effective June 7, 1952. Ellis Arnall, Director of Price Stabilization. June 2, 1952. * . . . FILE following 85 Serv 32:1602 (4-22-52) 85 Serv 32:1701 Power Laundries in Milwaukee County, Wisconsin Ceiling Price Regulation 34 Supplementary Regulation 15 APRIL 32. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Celling Price Regulation 34. Supplementary Regulation 161 CPR 34— Services SR 15—POWER LAUNDRIES IN MILWAUKEE COUNTY, WISCONSIN Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161 (15 F. R. 6105), and Economic Stablization Agency General Order No. 2 (16 F. R. 738), this Supplementary Regulation 15 to Ceiling Price Regula¬ tion 34 is hereby issued. STATEMENT OP CONSIDERATIONS This Supplementary Regulation 15 to Ceiling Price Regulation 34 permits a uniform increase in ceiling prices of certain services supplied by power laun¬ dries in Milwaukee County, Wisconsin. This supplementary regulation does not permit the increase to be applied to the diaper supply, linen supply and dry cleaning services of such laundries. There are 22 power laundries provid¬ ing laundry services in Milwaukee County, Wisconsin. It is estimated that in 1951 total revenue received by these power laundries from sales of their serv¬ ices amounted to 6 V 2 million dollars. A study of the operating costs and profit margins of a representative number of these power laundries, accounting for 85 percent of total sales in this area, re¬ veals that they are suffering an impair¬ ment of their pre-Korean earnings as a result of greatly increased labor and ma¬ terial costs, which have been incurred. In addition, a general wage increase re¬ cently granted employees of these power laundries has imposed further financial hardship. Failure to make an adjust¬ ment in the ceiling prices of these firms would impair their continued operation and would threaten an interruption in the supply of these essential services. The amount granted herein has been deemed the minimum necessary to re¬ store these laundries to a financial posi¬ tion which would assure the continued supply of these essential services, in ac¬ cordance with the standards for individ¬ ual adjustments under section 20 (a) of CPR 34. Under the provisions of this supple¬ mentary regulation, ceiling prices of such power laundries may be increased by not more than 5 percent, such ad¬ justment to be applied to the total amount of each invoice rendered to the customer and identified as the “OPS per¬ mitted price increase”, or. at the option of the individual laundry, the ceiling flat price for each article may be increased by not more than 5 percent. If such in¬ crease results in a ceiling price ending in a fraction of a cent, the ceiling price must be decreased to the next lower cent if the fractional cent is one-half (ViO cent or less, or may be increased to the next higher cent if the fraction is greater than one-half (Vz^) cent. Adjusted flat ceiling prices must within ten days after their determination be filed with the ap¬ propriate Office of Price Stabilization dis¬ trict office. In the future, power laundries subject to this supplementary regulation may not obtain an adjustment of their ceiling prices under section 20 of CPR 34. In addition, adjustments previously granted any of them under that section are auto¬ matically revoked by this supplementary regulation. In the formulation of this supplemen¬ tary regulation, the Director has con¬ sulted insofar as practicable with repre¬ sentative suppliers of these services, including representatives of trade asso¬ ciations, and consideration has been given to their recommendations. In the judgment of the Director of Price Sta¬ bilization the increases permitted by this supplementary regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 3. Relationship to Celling Price Regulation 34. 3. Celling prices. 4. Application of section 20 of Celling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5 issued.under sec. 704, 64 Stat. 816, as amended: 60 U. 8. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 60 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9. 1950, 15 P. R. 6105, 3 CFR 1950 Sup. Section 1. Purpose. This supple¬ mentary regulation permits power laun¬ dries in Milwaukee County, Wisconsin, to increase the ceiling prices of their power laundry services by 5 percent. This sup¬ plementary regulation shall not apply to the diaper supply, linen supply and dry cleaning services of power laundries. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, except as affected by the provisions of this sup¬ plementary regulation shall remain in effect. Sec. 3. Adjustment of ceiling prices. You may, to the extent you supply power laundry services in Milwaukee County, Wisconsin, increase your ceiling prices by 5 percent for power laundry services, except diaper supply, linen supply and dry cleaning services, thus supplied, by either of the following methods: (a) You may apply such an adjust¬ ment to the total amount of each Invoice rendered to the customer, provided you shall clearly stamp or evidence on each such invoice the words ‘‘OPS permitted price increase.” (b) You may, in lieu of the method provided in paragraph (a) of this sec¬ tion, increase by 5 percent the flat prices of each power laundry services article, except a diaper supply, linen supply and dry cleaning services article. If you determine your ceiling prices under the provisions of this paragraph and the ceiling prices you so determine result in a fraction of a cent, that fraction must be adjusted upward or downward, as the case may be, to the cent next nearest such fraction. Within ten days after your prices are established under this paragraph, you must prepare and file with your district office of the Office of Price Stabilization a supplemental state¬ ment as required under section 18 of Ceiling Price Regulation 34. You may not price under paragraph (a) of this section once you have elected to price under this paragraph. Sec. 4. Application of section 20 of Ceiling Price Regulation 34. No seller subject to this supplementary regulation may, after the effective date of this sup¬ plementary regulation, apply for an ad¬ justment of any of his ceiling prices under section 20 of Ceiling Price Regula¬ tion 34, as amended. All orders estab¬ lishing ceiling prices for any power laundry subject to this supplementary regulation issued under either section 20 (a), (b) or (c) of Ceiling Price Regula¬ tion 34, as amended, are hereby revoked, upon the effective date of this regulation. Sec. 5. Definitions, (a) “Power laun¬ dry” or “power laundries” as used in this regulation are laundries which in the laundry trade are customarily known and designated as such, and do not in¬ clude hand laundries, launderettes or laundries using home-type laundry equipment to supply laundry services. Effective date. This Supplementary Regulation 15 to Ceiling Price Regulation 34 shall become effective April 28, 1952. Not*: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stabilization. April 22, 1952. ■ . •; * .. . . . \ • ■ * • • i > . ■ ... ■ i FILE following 85 Serv 32:1701 (6-3-52) 85 Serv 32:1703 Ceiling Price Regulation 34 Supplementary Regulation 15 Amendment 1 JUNE 3, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON Computation of Increase and Filing Requirements (Amending Statement of Considerations and Secs. 3(a) and (b); adding Sec. 3(c)) TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Prico Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Amdt. 1 to Supplementary Regulation 151 CPR 34—Services SR 15—Power Laundries in Milwaukee County, Wisconsin COMPUTATION OF INCREASE AND FILING REQUIREMENTS Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended. Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 P. R. 738), this Amendment 1 to Supplemen¬ tary Regulation 15 to Ceiling Price Regu¬ lation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 1 to Supplementary Regulation 15 to Ceiling Price Regula¬ tion 34 clarifies the computation of ceil¬ ing price increases granted by this sup¬ plementary regulation. Under Supple¬ mentary Regulation 15 power laundries in Milwaukee County, Wisconsin, are granted a 5 percent increase in ceiling prices for certain power laundry services. Affected service sellers have the choice of adding the percent increase to each invoice or of increasing the flat price of each article by the permitted 5 percent. In both cases, there will be many in¬ stances when the new ceiling price will conteist of a fraction of a cent. It is nec¬ essary, therefore, to add to the regula¬ tory provisions of the regulation a new paragraph setting forth instructions on how to determine the ceiling price in these cases. In addition, there is some ambiguity as to the applicability of the supplemen¬ tary filing requirement of section 18 (c) of Ceiling Price Regulation 34. Section 3 (a) of Supplementary Regulation 15 is amended to show clearly that a supple¬ mentary filing is not required of power laundries which add the 5 percent in¬ crease to each invoice. In view of the clarifying nature of this amendment, special circumstances have rendered consultation with industry rep¬ resentatives, including trade association representatives, impracticable. AMENDATORY PROVISIONS Supplementary Regulation 15 to Ceil¬ ing Price Regulation 34 is amended in the following respects: 1. The second sentence of the third paragraph of the Statement of Consid¬ eration is deleted. 2. Paragraph (a) of section 3 is amended by adding at the end thereof a new sentence to read as follows: “If you use this method of applying your price increase you need not make the supplementary filing required by section 18 (c) of Ceiling Price Regulation 34.“ 3. Paragraph (b) of section 3 is amended by deleting the second sentence thereof. . 4. A new paragraph (c) is added to section 3 to read as follows: (c) If the increase computed in para¬ graph (a) or (b) of this section results in a fraction of a cent, the ceiling price must be decreased to the next lower cent if the fractional cent is less than one-half cent, or may be increased to the next higher cent if the fraction is one- half cent or more. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 1 to Supplementary Regulation 15 to Ceiling Price Regulation 34 is effective June 9, 1952. Ellis Arnall, Director of Price Stabilization. June 3, 1952. • . „ . ' # «r. ui * . i u* *»; » •* FILE following 85 Serv 32:1701 (4-23-52) 85 Serv 32:1801 Wholesale Labor Ceiling Price Regulation 34 Warranty Services Supplementary Regulation 16 APRIL 23. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Celling Price Regulation 34, Supplementary Regulation 161 CPR 34—Services SR 16—WHOLESALE LABOR WARRANTY SERVICES Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended, Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Supplementary Regulation 16 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 16 to Ceiling Price Regulation 34, as amended, permits a manufacturer who introduces a new commodity or a new model of an existing commodity to apply for a ceiling price for the new wholesale labor war¬ ranty service to be furnished in connec¬ tion with the sale of this commodity. Many products, especially in the household appliances field, carry with their sale to the consumer a period of guarantee or warranty. Generally, the retail dealer performs any necessary service in connection therewith. How¬ ever, some manufacturer and distrib¬ utor organizations find it more desirable to appoint firms that primarily perform repair services to handle much or all of such guarantee or warranty work in their appointed areas. These are called central service firms (or stations). The arrangement usually provides that the manufacturer or distributor pay, to the dealer or central service firm responsible for performing the service, a stipulated amount for each product, sold in the area, to which a guarantee or warranty is applicable. In order to be eligible to apply under this supplementary regulation, a manu¬ facturer or distributor must have cus¬ tomarily set or proposed uniform prices which were uniformly adopted through¬ out the United States for its wholesale labor warranty arrangements. The manufacturer or distributor qualifying hereunder may apply for a ceiling price for the new wholesale labor warranty service in line with customary prices in the industry and with the level of ceil¬ ing prices established by Ceiling Price Regulation 34. In determining whether a requested ceiling price is in line with ceiling prices established for similar warranty services OPS will give consid¬ eration to relative costs of rendering these services. In the absence of such a provision it would be necessary for each dealer or central service firm to indi¬ vidually apply for a wholesale labor war¬ ranty service ceiling price for each new commodity or new model of a commodity introduced by a manufacturer. This regulation will, therefore, substantially reduce the administrative burden which would otherwise face both the affected industries and the Office of Price Stabil¬ ization. In view of the technical nature of the provisions of this regulation, special circumstances have rendered consultation with industry representa¬ tives, including trade association repre¬ sentatives, impracticable. In the judg¬ ment of the Director of Price Stabiliza¬ tion the provisions of this regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. What this supplementary regulation does. 2. Relationship to Celling Price Regulation 34. 3. Application for celling prices for whole¬ sale labor warranty services. Authority: Sections 1 to 3 Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Supp. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 P. R. 6105, 3 CFR, 1950 Supp. Section 1. What this supplementary regulation does. This supplementary regulation permits a manufacturer of¬ fering for sale a new commodity or a new model of an existing commodity to apply for a ceiling price for its new wholesale labor warranty service if such manufacturer has customarily set or proposed uniform prices which have been uniformly adopted throughout the United States for its wholesale labor warranty arrangements. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceil¬ ing Price Regulation 34, except the pro¬ visions of section 18 (c) thereof, shall remain in effect for all sellers of af¬ fected wholesale labor warranty services. All buyers of affected wholesale labor warranty services shall be subject to all applicable provisions of Ceiling Price Regulation 34, including section 9 thereof. Sec. 3. Application for ceiling prices. (a) If you are a manufacturer offering for sale a new commodity or a new model of an existing commodity and it has been your custom to set or to propose uniform prices which have been adopted uni¬ formly throughout the United States for certain wholesale labor warranty serv¬ ices sold by your authorized dealers or central service firms to you or your dis¬ tributor organization or organizations as an incident of the sale of such new com¬ modity or new model, you may apply to the Office of Price Stabilization, Service Trades Branch, Washington 25, D. C., for a ceiling price for each new wholesale labor warranty service in line with the level of ceiling prices established by this regulation. (1) Your application must contain a description of the wholesale labor war¬ ranty service, anticipated direct labor costs and anticipated direct material costs, the basis used for making the de¬ termination of cost (such as the actual annual or other representative period average cost for a similar service upon a similar commodity) and the proposed ceiling price. In addition, you must submit a description of the most com¬ parable wholesale labor warranty service furnished by retail dealers or central service firms to you or to your whole¬ sale distributor or distributors showing the present annual or other representa¬ tive period average direct labor costs and direct material costs for such wholesale labor warranty service and the present ceiling price therefor. Where there is no comparable wholesale labor warranty service to you or your distribution organ¬ ization or where the above cost data can¬ not be obtained to substantiate the pro¬ posed price, you must furnish a descrip¬ tion and ceiling price for any comparable wholesale labor warranty service fur¬ nished by retail dealers or central serv¬ ice firms on competing products of two or more other manufacturers. (2) You may not establish your ceil¬ ing price for the wholesale labor war¬ ranty service for your dealers or central service firms under this subsection un¬ til that price is approved by Special Or¬ der of OPS and is published in the Fed¬ eral Register. Effective date. This'Supplementary Regulation 16 to Ceiling Price Regula¬ tion 34, as amended, is effective April 28, 1952. Note: The record-keeping and reporting requirements o t this regulation have been approved by the Bureau of the Budget in ac¬ cordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stabilization. April 23, 1952. . ■ ' ' K ■ ■) ■ ' ■ FILE following 85 Serv 32:1801 (6-4-52) 85 Serv 32:1901 Fur Dressers Services Ceiling Price Regulation 34 in New York City Area Supplementary Regulation 17 JUNE 2. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Celling Price Regulation 34, Supplementary Regulation 17] CFR 34—Services SR 17—FUR DRESSERS SERVICES IN NEW YORK CITY AREA Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161 (15 P. R. 6105) and Eco¬ nomic Stabilization Agency General Order No. 2 (16 P. R. 738). this Supple¬ mentary Regulation 17 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 17 to Ceiling Price Regulation 34, as amended, permits fur dressers in the counties of Bronx, Kings. New York and Queens in the State of New York and in the counties of Hudson and Somerset in the State of New Jersey (hereinafter re¬ ferred to as the New York City area) to increase their present ceiling prices for fur dressing services by eight percent. The services supplied by fur dressers in the New York City area have been pro¬ vided at uniform prices for similar serv¬ ices performed on similar furs for many years antedating the issuance of Ceiling Price Regulation 34- There are 18 firms providing fur dressing services in the New York City area. A study of the operating costs and profit margins of a representative number of these fur dressing firms, accounting for approxi¬ mately 80 percent of total fur dressing sales in this area, reveals that they are suffering an impairment of their pre- Korean earnings as a result of recent increased labor costs which have been incurred. The uniform adjustment authorized for these sellers has been computed in accordance with the stand¬ ards for individual adjustments in sec¬ tion 20 of Ceiling Price Regulation 34. The existence of uniform prices, stand¬ ardized service and generally comparable earnings experience facilitate the area order pricing technique. In the formu¬ lation of this regulation there has been consultation with industry representa¬ tives, including trade association repre¬ sentatives, and consideration has been given to their recommendations. In the judgment of the Director of the Office of Price Stabilization the increases permit¬ ted by this supplementary regulation are generally fair and equitable and are nec¬ essary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. What this regulation does. 2. Relationship to Celling Price Regulation 34. 3. Establishment of ceiling prices. 4. Application of section 20 of Celling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5 Issued under sec. 704, 64 Stat. 816, as amended; 50 TJ. S. C. App. Sup., 2154. Interpret or apply Title IV, 64 Stat. 806, as amended; 50 U. S. C. App. Sup., 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 CFR. 1950 Supp. Section 1. What this regulation does. This regulation permits fur dressers in the counties of Bronx, Kings, New York and Queens in the State of New York and in the counties of Hudson and Somerset in the State of New Jersey to increase their charges for fur dressing services. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, except as affected by the provisions of this sup¬ plementary regulation shall remain in effect. Sec. 3. Establishment of ceiling prices. You may to the extent you supply fur dressing services in the counties of Bronx, King s, New York and Queens in the State of New York and in the counties of Hud¬ son and Somerset in the State of New Jersey, increase your ceiling prices for fur dressing services by eight per cent by either one or the other of the follow¬ ing methods: (a) You may apply such an increase to the total amount of each invoice rendered to the customer com¬ puted on the basis of your ceiling prices under CPR 34 prior to the increase per¬ mitted under this supplementary regu¬ lation, provided that you clearly write or stamp on each invoice the words “OPS permitted price increase”, and you need not file your new ceiling prices pursuant to section 18 (c) of Ceiling Price Regu¬ lation 34, or (b) you may increase by eight percent the ceiling price of each fur dressing service which you supply and you must file your new ceiling prices pursuant to section 18 (c) of Ceiling Price Regulation 34. Whichever method you use, if the in¬ crease results in a fraction of a cent, the price must be decreased to the next lower cent if the fractional cent is less than one-half cent, or may be increased to the next higher cent if the fraction is one-half cent or more. Sec. 4. Application of section 20 of Ceiling Price Regulation 34. No seller subject to this supplementary regulation may, after the effective date of this sup¬ plementary regulation, apply under sec¬ tion 20 of Ceiling Price Regulation 34 for an adjustment of any ceiling prices established under this supplementary regulation. Sec. 5. Definitions, (a) As used in this supplementary regulation to Ceiling. Price Regulation 34; (1) The term “fur dressing services’* means the following operations per¬ formed upon raw, i. e., unprocessed, fur¬ bearing skins and hides, except such operations performed upon “Persian Lamb skins and hides”; soaking and dr umming the whole skins to make the same soft, clean, pliable and eliminating and preventing matting of the hair side of the fur; skinning, scraping and flesh¬ ing the under or flesh side of the skin and hide to remove excess flesh and fatty sub¬ stances; and plucking to remove long, stiff and unsightly hairs from the face or fur side of the skin. Pur dressing does not include dyeing or shearing of the fur or fur-bearing skins and hides. (2) The term “You” means a person who has a fur dressing establishment in any of the counties of Bronx, Kings, New York and Queens in the State of New York or Hudson and Somerset in the State of New Jersey, and shall other¬ wise have the same meaning as in section 27 (a) (18) of Ceiling Price Regulation 34. Effective date. This Supplementary Regulation 17 to Ceiling Price Regula¬ tion 34 shall become effective June 2. 1952. Note: The record-keeping and reporting requirements o t this regulation have been approved by the Bureau of the Budget In ac¬ cordance with the Federal Reports Act of 1942. Joseph H. Frkehill. Acting Director of Price Stabilization. June 2. 1952. ' . ■ ■ . . * > , « I ,.10 ' •i 3 >S i . •• ■•Vi, •• • f • • • I ‘ V .. FILE following 85 Serv 32:1901 (6-6-52) 85 Serv 32:2001 Bowling Alleys in Ceiling Price Regulation 34 Baltimore, Md. Supplementary Regulation 18 JUNE 6, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Celling Price Regulation 34, Supplementary Regulation 18] CPR 34—Services SR 18 BOWLING ALLEYS IN BALTIMORE, MARYLAND Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 (15 P. R. 6105), and Eco¬ nomic Stabilization Agency General Or¬ der No. 2 (16 P. R. 738), this Supple¬ mentary Regulation 18 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 18 to Ceiling Price Regulation 34 establishes dollars and cents ceiling prices for open and league bowling services supplied by bowling alleys situated in the City of Baltimore, Maryland. Bowling services have been rendered in Baltimore at sub¬ stantially uniform prices for many years antedating the issuance of Ceiling Price Regulation 34. The piece rates paid pin boys by all establishments are identical; and wage rates paid other employees, and unit costs of bowling supplies are substantially the same. The existence of uniform prices and standardized services facilitate the establishment of dollars and cents ceiling prices. A study of the operating costs and profit margins of a representative num¬ ber of bowling alleys situated in the City of Baltimore, accounting for 90 percent of total sales, discloses that despite a stable volume of sales they are suffering an impairment of their normal pre- Korean earnings as a result of steadily increasing operating costs, particularly in the piece rate of pin boys and the cost of bowling pins. In addition, a wage in¬ crease recently granted to pin boys, which has been approved by the Wage Stabilization Board, has imposed further financial hardship. Failure to make an adjustment in the ceiling prices of these establishments would threaten an inter¬ ruption in the supply of their services. The dollars and cents ceiling prices es¬ tablished by this supplementary regula¬ tion are deemed the minimum necessary to restore these businesses to a flanancial position which will assure the continued supply of these services. The adjusted ceiling prices have been determined in accordance with the adjustment stand¬ ard of Section 20 of CPR 34. This supplementary regulation does not apply to any seller of bowling serv¬ ices who has established under Ceiling Price Regulation 34 higher prices for such services than the dollars and cents ceiling prices established by this supple¬ mentary regulation. In the future, bowling establishments subject to this supplementary regulation may not ob¬ tain an adjustment of their ceiling prices for services under section 20 of Ceiling Price Regulation 34. In the formulation of this supple¬ mentary regulation, the Director has consulted insofar as practicable with representative suppliers of these serv¬ ices, including the Monumental City Bowling Proprietors’ Association of Bal¬ timore, Maryland, and consideration has been given to their recommendations. In the judgment of the Director of Price Stabilization the increases permitted by this supplementary regulation are nec¬ essary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. What this regulation does. 2. Relationship to Celling Price Regulation 34. 3. Celling prices. 4. Definitions. Authority: Sections 1 to 4 Issued under sec. 704, 64 Stat. 816, as amended; 60 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 60 U. S. C. App. Sup. 2101-2110; E. O. 10181, Sept. 9, 1960, 15 P. R. 6105; 3 CPR, 1950 Supp. Section 1. What this regulation does. This regulation fixes dollars and cents ceiling prices for sellers who supply open and league bowling services within the limits of the City of Baltimore, State of Maryland. Sec. 2. Relationship to Ceiling Price Regulation 34. Sections 18 (c) and 20 of Ceiling Price Regulation 34 do not apply to services covered by this supple¬ mentary regulation. All other provi¬ sions of Ceiling Price Regulation 34, ex¬ cept as changed by the provisions of this supplementary regulation shall remain in effect. Sec. 3. Ceiling prices. The ceiling prices which sellers may charge within the limits of the City of Baltimore, State of Maryland, for the services listed be¬ low shall be as follows: Open duckpin bowling, week¬ days, untU 0 p. m-230 a game. Open duckpin bowling, after 6 p. m. and on Saturdays, Sun¬ days, and Holidays_281 a game. League duckpin bowling_900 3 games. League duckpin bowling, guar¬ anteed attendance basis_280 a game. Open and league tenpin bowl¬ ing_.'_ 330 a game. Sec. 4. Definitions, (a) When used in this supplementary regulation to Ceiling Price Regulation 34: (1) “League bowling” means bowling done under contract between groups of bowlers and the bowling alley proprie¬ tors, by the terms of which the rates and conditions of bowling are set for the season. (2) “Open bowling” means all non¬ league bowling. (3) “Seller” meays a supplier of bowl¬ ing services within the limits of the City of Baltimore, State ’ of Maryland, who has not, prior to the issuance of this supplementary regulation, established higher ceiling prices for those services under the provisions of Ceiling Price Regulation 34 than those established by this supplementary regulation. Effective date. This Supplementary Regulation 18 to Ceiling Price Regula¬ tion 34 shall become effective June 11, 1952. Ellis Arnall, Director of Price Stabilization. June 6, 1952. (I 1 ■ . ' FILE following 85 Serv 32:2001 (6-18-52) 85 Serv 32:2101 Wholesale Power Laundries in Ceiling Price Regulation 34 The New York City Area Supplementary Regulation 19 (Counties of Bronx, New York, Kings, June 18. i 9 f >2 Queens, Richmond, Westchester, Suffolk, Nassau) OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Celling Price Regulation 34, Supplementary Regulation 19] CPR 34—Services SR 19—WHOLESALE LAUNDRIES IN THE NEW YORK CITY AREA Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Supple¬ mentary Regulation 19 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 19 to Ceiling Price Regulation 34 permits an increase in ceiling prices for wholesale laundry services to retail hand laundries supplied by power laundries situated in the Counties of Bronx, New York, Kings, Queens, Richmond, Westchester, Nassau, and Suffolk, in New York State. A study of the operating costs and profit margins of a representative num¬ ber of the power laundries supplying wholesale laundry services to retail hand laundries, which it is estimated amount¬ ed to five and one-half million dollars in 1951, reveals that increased labor and material costs have impaired the pre- Korean earnings of such power laundries. In addition in May, 1952, new wage con¬ tracts were negotiated granting substan¬ tial wage increases to all classes of workers. The wage increases are all within the formula of Wage Stabilization Board regulations or have received Wage Stabilization Board approval with the result that the earnings of these power laundries will be further impaired. The amount granted herein has been deter¬ mined to be the minimum necessary to maintain the financial stability of these power laundries in order to assure a con¬ tinued supply of these essential wholesale laundry services. Under the provisions of this supple¬ mentary regulation the charges of these power laundries for their wholesale laun¬ dry services to retail hand laundries may be increased by 5 percent. This uniform increase was determined in accordance with the standards for individual adjust¬ ment under section 20 of Ceiling Price Regulation 34. Such an adjustment may be applied to the total amount of each invoice rendered to the customer, and identified as the “OPS permitted price increase." If this method is used to apply the amount of the increase, the seller need not make the supplementary filing required by section 18 (c) of CPR 34. At the option of the individual power laundry, however, the ceiling price for each item may be increased by not more than 5 percent. Adjusted flat prices must within ten days after their de¬ termination be filed with the appropriate Office of Price Stabilization district office. In the future, power laundries subject to this supplementary regulation may not obtain an adjustment of their ceiling prices for their wholesale laundry serv¬ ices under section 20 of CPR 34. In addition, the ceiling prices estab¬ lished by this supplementary regulation apply to all such power laundries’ whole¬ sale laundry services to their retail hand laundries, irrespective of any adjustment of ceiling prices heretofore granted un¬ der the provisions of CPR 34. Conse¬ quently, any adjustments granted under that regulation are automatically re¬ voked as of the effective date of this supplementary regulation. In the formulation of this supplemen¬ tary regulation the Director has con¬ sulted insofar as practicable with representative suppliers of these services, including representatives of trade asso¬ ciations, and consideration has been given to their recommendations. In the judgment of the Director of Price Stabi¬ lization the increases permitted by this supplementary regulation are generally fair and equitable and are necessary to effectuate the purposes to Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Celling Price Regulation 34. 3. Celling prices. 4. Application of section 20 of Celling Price Regulation 34. 5. Definitions. Authority : Sections 1 to 5 Issued under 6ec. 704, 64 Stat. 816, as amended; 50 D. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, E. O., 10161, Sept. 9. 1950, 15 P. R. 6105; 3 CPR 1950 Sup. Section 1. Purpose. This supplemen¬ tary regulation permits power laundries in the counties of Bronx, New York, Kings, Queens, Richmond, Westchester, Suffolk and Nassau, State of New York to increase the ceiling prices of their wholesale laundry services by 5 percent. This supplementary regulation shall not apply to any other services supplied by such power laundries. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, unless changed by the provisions of section 3 and 4 of this regulation, shall remain in effect. Sec. 3. Adj:xtment of ceiling prices. You may, to the extent you as a power laundry supply wholesale laundry serv¬ ices from plants located in the following counties of New York State: Bronx, New York, Kings, Queens, Richmond, Suffolk, Westchester and Nassau, increase your ceiling prices established under section 5 of Ceiling Price Regulation 34, by 5 percent for such wholesale laundry serv¬ ices by either of the following methods: (a) You may apply such increase to the total amount of each invoice rendered to the customer, provided you shall clearly write or stamp on each such in¬ voice the words “OPS permitted price increase". If you use this method of applying your price increase you need not make the supplementary filing re¬ quired by section 18 (c) of Ceiling Price Regulation 34. (b) You may in lieu of the method provided in paragraph (a) of this section, increase by 5 percent the ceiling prices of each wholesale laundry services item you supply. Within ten days after your prices are established under this sub- paragraph, you must prepare and file with your district office of the Office of Price Stabilization a supplemental state¬ ment as required under section 18 (c) of Ceiling Price Regulation 34. You may not use paragraph (a) of this section once you have elected to adjust ceiling prices under this subparagraph. (c) If the increase computed in para¬ graph (a) or (b) above results in a fraction of a cent, the price must be decreased to the next lower cent if the fractional cent is less than one-half cent or may be increased to the next higher cent if the fraction is one-half cent or more. Sec. 4. Application of section 20 of Ceiling Price Regulation 34. (a) A sup¬ plier who is a power laundry subject to this supplementary regulation may not, after the effective date of this supple¬ mentary regulation, apply for an adjust¬ ment of any of his ceiling prices for wholesale laundry services under section 20 of Ceiling Price Regulation 34, as amended. (b) The adjustment of ceiling prices granted by section 3 of this supplemen¬ tary regulation shall be the maximum adjustment permitted any such supplier of wholesale laundry services in lieu of, and irrespective of, any adjustment here¬ tofore granted any such supplier under the provisions of Ceiling Price Regulation 34, as amended. Any order adjusting the ceiling prices of any such supplier’s wholesale laundry services under section 85 Serv 32:2102 SO of Celling Price Regulation 34, as amended, is hereby revoked as of the effective date of this supplementary regulation. Sec. 5. Definitions, (a) "Wholesale laundry services" as used in this regula¬ tion means laundry services sold or of¬ fered for sale by power laundries to retail hand laundries. (b) “Power laundry” or “power laun¬ dries" as used in this regulation are laun¬ dries which in the laundry trade are cus¬ tomarily known and designated as such, and do not include hand laundries, laun¬ derettes, or laundries using home-type laundry equipment to supply laundry services. (c) “Retail hand laundry" or “retail hand launtjries” as used in this regula¬ tion are retail laundry establishments re¬ ceiving and distributing laundry, gen¬ erally finishing some wearing apparel by hand ironing done on the premises, giv¬ ing only limited, if any delivery services. 4* Effective date. This Supplementary Regulation 19 to CPR 34 shall become effective June 18, 1952. Note: The record-keeping and reporting requirement of the regulation have been ap¬ proved by the Bureau of the Budget In ac¬ cordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stabilization. June 18, 1952. FILE following 85 Serv 32:2102 (6-18-52) 85 Serv 32:2201 Power Laundries Ceiling Price Regulation 34 in the City of St. Louis, Supplementary Regulation 20 Missouri june 18,1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Supplementary Regulation 20) CPR 34—Services SR 20-POWER LAUNDRIES IN THE CITY OF ST. LOUIS, MISSOURI Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Sup¬ plementary Regulation to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation to Ceiling Price Regulation 34 permits an increase in ceiling prices for certain serv¬ ices supplied by power laundries situ¬ ated in the City of St. Louis, Missouri. This supplementary regulation does not permit the increase to be applied to the diaper supply, linen supply and dry cleaning services of such laundries. A study of the operating costs and profit margins of a representative num¬ ber of the power laundries in the City of St. Louis, which provide 90 percent of the total sales of services furnished by these laundries amounting to an esti¬ mated seven and one-half million dol¬ lars in 1951, reveals that increased labor and material costs have impaired the pre-Korean earnings of such laundries. In addition, in December 1951, new two- year wage contracts were entered into with labor unions representing the em¬ ployees of these laundries which resulted in substantial wage increases to all classes of workers. These wage in¬ creases are all within the formula of Wage Stabilization Boa?d regulations or have received Wage Stabilization Board approval, with the result that earnings of these laundries will be further im¬ paired. The price increase granted herein has been determined to be the minimum necessary to maintain the financial stability of these laundries in order to assure a continued supply of these essential services. The uniform increase has been determined in accord¬ ance with the standards for individual adjustments under section 20 of CPR 34. Under the provisions of this supple¬ mentary regulation, ceiling prices of such power laundries may be increased by 7 percent, such adjustment to be applied to the total amount of each invoi' e ren¬ dered to the customer and identified as the “OPS permitted, price incrc-se.” If this method is used to apply the amount of the increase, the seller need not make the supplementary filing required by sec¬ tion 18 (c) of Ceiling Price Regulation 34. At the option of the individual laun¬ dry. however, the flat ceiling price for each article may be increased by 7 per¬ cent. Adjusted flat ceiling prices must, within ten days after their determina¬ tion, be filed with the appropriate Office of Price Stabilization district office as required by section 18 (c) of Ceiling Price Regulation 34. In the future, power laundries subject to this supplementary regulation may not obtain an adjustment of their ceiling prices for power laundry services under section 20 of Ceiling Price Regulation 34. Any adjustment of ceiling prices under section 20 of Ceiling Price Regulation 34 heretofore granted is automatically re¬ voked as of the effective date of this sup¬ plementary regulation. In the formulation of this supplemen¬ tary regulation, the Director has con¬ sulted insofar as practicable wit!; repre¬ sentative suppliers of these services, including representatives of trade asso¬ ciations, and consideration has been given to their recommendations. In the judgment of the Director of Price Sta¬ bilization the increases permitted by this supplementary regulation are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Celling Price Regulation 34. 3. Celling Prices. 4. Application of section 20 of Celling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5 Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 P. R. 6105. 3 CFR 1950 Sup. Section 1. Purpose. This supple¬ mentary regulation permits power laun¬ dries whose plants are located in the City of St. Louis, Missouri, to increase their ceiling charges for power laundry serv¬ ices by 7 percent. This supplementary regulation does not apply to the diaper supply, linen supply and dry cleaning services of power laundries. Sec, 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, except as affected by the provisions of this supplementary regulation, shall remain in effect. Sec. 3. Adjustment of ceiling prices. You may, to the extent you supply power laundry services from plants located in the City of St. Louis, Missouri, increase your ceiling prices by 7 percent for power laundry services, except diaper supply, linen supply and dry cleaning services, thus supplied by either of the following methods: (a) You may apply such an adjust¬ ment to the total amount of each invoice rendered to the customer for services covered by this supplementary regula¬ tion, provided you clearly write or stamp on each such invoice the words “OPS permitted price increase.” If you use this method of applying your ceiling price increase, you need not makt the supplementary filing required by section 18 (c) of Ceiling Price Regulation 34. (b) You may, in lieu of the method provided in paragraph (a) of this sec¬ tion, increase by 7 percent the ceiling prices of each power laundry services article, except a diaper supply, linen supply and dry cleaning services article. Within ten days after your ceiling prices are established under this paragraph, you must prepare and file with your dis¬ trict office pf the Office of Price Stabiliza¬ tion a supplemental statement as re¬ quired under section 18 (c) of Ceiling Price Regulation 34. You may not use paragraph (a) of this section once you have elected to adjust ceiling prices under this subparagraph. (c) If the increase computed under paragraphs (a) or (b) above, results in a fraction of a cent, the price must be decreased to the next lower cent if the fractional cent is less than one-half cent, or may be increased to the next higher cent if the fraction is one-half cent or more. Sec. 4. Application of section 20 of Ceiling Price Regulation 34. (a) A seller subject to this supplementary regulation may not, after the effective date of this supplementary regulation, apply for an adjustment of any of his ceiling prices for power laundry services except diaper supply, linen supply and dry cleaning services under section 20 of Ceiling Price Regulation 34, as amended. (b) The adjustment of ceiling prices granted by section 3 of this supplemen¬ tary regulation shall be the maximum adjustment permitted any such supplier of power laundry services in lieu of, and irrespective of, any adjustment hereto¬ fore granted any such supplier under the provisions of Ceiling Price Regulation 34, as amended. Any order, adjusting the ceiling prices of any such supplier’s power laundry services under section 20 of Ceiling Price Regulation 34, as amend¬ ed, is hereby revoked as of the effective date of this supplementary regulation. Sec. 5. Definitions, (a) "Power laun¬ dry” or “power laundries” as used in this regulation are laundries which in the laundry trade are customarily known and designated as such, and do not include hand laundries, launderettes or laundries using * ome-type laundry equipment to supply laundry services. Effective date. This Supplementary Regulation 20 to Ceiling Price Regulation 34 shall become effective June 23, 1952. Note: The record-keeping and rejwtlng requirements of this regulation have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Ellis Arnall. Director of Price Stabilization. June 18, 1952. '■ : •• .... •i ' ...... ' * .. - ■ ■ • ...• . ... , . . .- ■ . I - • • ■ • ,i ‘ ■ ■ ■ » • ■ ■ f * ’ .« ■ , - ■, i • ■ . ■■ • ^ I- ‘ l ' : ' . i •, • •. •' . ■' < • : ; -T - :r • • ' . . -■ % t* • . ■ • - v . , • . • . ‘ * : •' ' ■ ! n. • j. . - ■ i / ' • • . 1 . ' > f. ' ■ »< 1 . ' ’ ' • •' . • • ■ v ‘ Ni *•' ■ • • ’ '’ ' • ' . VV. .. ’■:!: Vr* J" . f . i... * ;' t . • • * \ ' . » •, » - . 1 • i • i ■ . . ■ - . , ■ ■ ' ■ r ’ ■ f ; • j' . .. ; > . ■ • ; Vvi, • : r}t v- » V ;•» ' : ' . ' I : J< . : ‘ i > . . • :* *'■.'*< . ■ ; * . ' ■ i -«. .• . •> < » = . • ; • ■•••; • , . • • • I : . • , ' ' . 'o'. - • : ; . •! i , • * j ■ • • . • V • ; .. ' 1 .:. ** v, tfi ■: ' •, , . • ' • ;■ . . . . . < . * ■ • ■ :. • ; t ■ . ,,, FILE following 85 Serv 32:2201 (12-15-52) 85 Serv 32:2203 Dry Cleaning Services of Power Laundries in City of St. Louis, Missouri (Amending Secs. 1, 3, 4(a) and (b); adding Sec. 5(b)} Ceiling Price Regulation 34 Supplementary Regulation 20 Amendment 1 DECEMBER 15. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 34, Amdt.. 1 to Supplementary Regulation 20] CPR 34—Services SR 20—Power Laundries in the City of St. Louis, Missouri DRY CLEANING SERVICES OF POWER LAUN¬ DRIES IN THE CITY OF ST. LOUIS, MISSOURI Pursuant to the Defense Production Act of 1950 as amended, Executive Order 10161 and Economic Stabilization Agen¬ cy General Order No. 2 this Amendment 1 to Supplementary Regulation 20 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 1 to Supplementary Regulation 20 permits an increase in ceiling prices for dry cleaning services supplied by power laundries situated in the City of St. Louis, Missouri. Supple¬ mentary Regulation 20 effective June 23, 1952 permitted power laundries in the City of St. Louis to increase their ceiling charges for power laundry services by 7 percent. Excluded from the applica¬ tion of such increase were the diaper supply, linen supply and dry cleaning services of such power laundries. This Amendment 1 removes the limitation of the application of Supplementary Regu¬ lation 20 only as to dry cleaning services supplied by power laundries. The ceil¬ ing prices of diaper supply and linen supply services of such power laundries are not affected by this amendment. Such services shall continue to be priced under the pricing provisions of Ceiling Price Regulation 34. When the power laundries in this area submitted their financial data which was the basis for the limited relief granted by Supplementary Regulation 20, such financial data covered their total opera¬ tions. Their request for ceiling price increases covered both laundry and dry cleaning services. At the time of the issuance of Supplementary Regulation 20 it was determined that hardship re¬ sulting from dry cleaning price ceilings could be relieved by individual adjust¬ ment under section 20 (a) of Ceiling Price Regulation 34, as amended. Upon reexamination of this decision at the request of the power laundries it was decided that a uniform increase would relieve the hardship still existing and substantially reduce the administrative burden to OPS which is occasioned in the processing, and issuing of individual adjustment orders. The same considerations that gov¬ erned the action taken in Supplemen¬ tary Regulation 20 exist in connection with the granting of relief by way of this amendment. This amendment only affects the cov¬ erage of Supplementary Regulation 20 and does not make any changes in the amount of permitted increase or the methods by which the increase granted by this amendment is to be effected. The pricing technique of Supplementary Regulation 20 remains the same. How¬ ever, a definition of “dry cleaning serv¬ ices” has been added. The uniform increase granted by this amendment has been determined in ac¬ cordance with the standards for indi¬ vidual adjustments under Section 20 of CPR 34 and is the minimum necessary to maintain the financial stability of these laundries and to assure a continued supply of dry cleaning services. In the formulation of this amendment there has been consultation with indus¬ try representatives, including trade asso¬ ciation representatives to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS Supplementary Regulation 20 to Ceil¬ ing Price Regulation 34 is amended in the following respects: 1. Section 1 is amended to read as fol¬ lows: Section 1. Purpose. This supplemen¬ tary regulation permits power laundries whose plants are located in the City of St. Louis, Missouri, to increase their ceil¬ ing prices for power laundry services and dry cleaning services by 7 percent. This Supplementary Regulation does not ap¬ ply to diaper supply and linen supply services of power laundries. 2. The first paragraph of section 3 is amended to read as follows: Sec. 3. Adjustment of ceiling prices. If you are a power laundry,' you may in¬ crease by 7 percent your ceiling prices for dry cleaning and power laundry serv¬ ices, except for diaper supply and linen supply services, rendered from plants lo¬ cated in the City of St. Louis, Missouri. You may put such increase into effect by either of the following methods: 3. The first sentence of paragraph (b) of section 3 is amended to read as fol¬ lows: ■ ' - . • * ‘ ' ji f ■ ■ ■ . L* • : . if. UJ :»o ,Y • * » . • • .7 >' ' ': ' r • : ‘ 'V ■ :!• »■ • 1 4 ■> < .•:»( : I , -vm i. . . • • r • • I ' - ■ ' ■ • . ; ' u ‘ \ i V ■ <• • ■■ •’ !***»* • '*5 } ' ■ • ■* - ■ * ■' ' •r ;'•> 1 . ■ ' V . V: y .. - : '• ’■ • . ' . s ?'• '• ' i -• I Service Charges for Banks Ceiling Price Regulation 34 Supplementary Regulation 22 JULY 11, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Celling Price Regulation 34, Supplementary Regulation 22] CPR 34— Services SR 22—SERVICE CHARGES FOR BANKS Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Supplementary Regulation 22 to Ceiling Price Regula¬ tion 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 22 to Ceiling Price Regulation 34, as amended, adapts ceiling price regulation of bank service charges more nearly to the op¬ erations of the banking industry. Generally, this regulation covers two classes of situations. First, it provides, to the extent consistent with fair treat¬ ment of small as well as large depositors, flexibility for changes in certain service charges within individual banks so long as the total revenue to the bank from service charges remains approximately the same as it was during the most re¬ cent fiscal year. More specifically, this regulation contains a provision for sim¬ plifying the method of determining earnings credit on depositors’ checking accounts. It also permits a realignment of service charges and at the same time assures that the services which were available during the base period will re¬ main available to all classes of de¬ positors. Also included in this part of the regulation is' a provision which will permit nonpar banks with an exchange charge system to change to par banks with a schedule of service charges in lieu of the exchange charges. Secondly, this regulation provides a means for realigning service charges where such a realignment is necessary to permit the customary uniformity of ceiling prices and sound banking opera¬ tion in certain cases where a bank has branch offices. A provision is included in this part of the regulation to permit those banks which had a trial service charge in effect during the base period to price uniformly at all of their branch offices if those banks customarily had a substantially uniform system of pricing at all of their branch offices. Consideration has also been given to the special pricing prob¬ lems of merging and consolidating banks and to new branch offices of old banks. With respect to the merger or consolida¬ tion situation, this supplementary regu¬ lation authorizes the smaller merging bank to adopt entirely, but not in part, the schedule of service charges of the larger merging bank where the larger bank is accountable for 66% percent or more of their aggregate total time and demand deposits. If the necessary two- thirds ratio is not present, the merging or consolidating banks either may con¬ tinue their individual lawful ceiling prices for service charges in effect at the time of the merger or may apply under section 4 of this supplementary regula¬ tion for an appropriate changed sched¬ ule of service charges. The provision for branch offices permits new bank branches to adopt the schedule of serv¬ ice ceiling charges in effect at the prin¬ cipal bank if the principal bank had a substantially uniform system of service charges during the base period or did not, prior to the base period, have any branch offices. This supplementary regulation also states additional requirements and spe¬ cial factors to be taken into account in respect to banks which seek to qualify for and obtain a ceiling price adjust¬ ment under section 20 (a) of Ceiling Price Regulation 34, as amended. There is nothing in this supplementary regulation which would prohibit any bank from determining its schedule of service charge ceilings pursuant to any of the provisions of Ceiling Price Regu¬ lation 34, as amended. The provisions of this supplementary regulation are alternatives which a bank may utilize, if it wishes, in lieu of the otherwise appli¬ cable provisions of Ceiling Price Regu¬ lation 34. In the formulation of this supplemen¬ tary regulation there was consultation with representatives of the banking in¬ dustry as well as members of bankers’ trade associations and consideration was given to their recommendations. In the judgment of the Director of Price Stabili¬ zation the provisions of this regulation are generally fair and equitable and are necessary to effectuate the purpose of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. What this regulation does. 2. Relationship to Ceiling Price Regulation 34. 3. Alternative methods of computing earn¬ ings credit on depositors’ checking accounts. 4. Changing schedule of service charges on depositors’ checking accounts. 5. Nonpar hanks changing to par banks. 6. Base period trial service charges. 7. Mergers and consolidations. 8. New branch offices. 9. Applications for adjustment under sec¬ tion 20 (a) of Ceiling Price Regulation 34. 10. Definitions. Authority: Sections 1 to 10 issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 P. R. 6105; 3 CFR 1950 Supp. Section 1. What this regulation does. (a) This supplementary regulation to Ceiling Price Regulation 34 authorizes banks to institute a new v method or to change their present method of comput¬ ing depositors’ earnings credits in con¬ nection with service charge ceilings on hepositors’ checking accounts. It per¬ mits banks to change their schedule of service charge ceilings if certain require¬ ments are met. It also authorizes banks desiring to change from a nonpar check clearance system to a par check clearance system to institute service charges in lieu of exchange charges. It further provides a method by which banks may establish uniform service charge ceilings where two or more banks merge or con¬ solidate and in certain other instances where banks operate branch offices, (b) This supplementary regulation also states additional requirements and special factors to be taken into account in respect to banks which seek to qualify for and obtain a ceiling price adjustment under section 20 (a) of Ceiling Price Regulation 34, as amended. Sec. 2. Relationship to Ceiling Price Regulation 34. The provisions of this supplementary regulation give banks the option to determine certain ceiling prices for service charges differently than per¬ mitted by the provisions of Ceiling Price Regulation 34, as amended. Except for such option, all provisions of Ceiling Price Regulation 34 remain in effect for service suppliers affected by this regula¬ tion. Sec. 3. Alternative methods of com¬ puting earnings credit on depositors’ checking accounts. This section applies to you if you are a bank and wish to modify your service charge ceilings by changing your present method of com¬ puting earnings credit on depositors’ checking accounts. In this event you may apply to the Director of Price Stabilization, Attention: Chief, Service Trades Branch, Washington 25, D. C., for permission to change your method of computing the earnings credit on de¬ positors’ checking accounts from one of the following methods to another of the following methods: (a) An average daily balance for the month, with customary deductions for float and reserve; or (b) the depositors’ minimum balance for the month, without deduction for float and reserve; or (c) by adding the high¬ est balance appearing during a month and the lowest balance appearing during the same month, dividing the total by two, and making customary deductions for float and reserve. Your application under this section must contain an ex- 85 Serv 32:2402 planation of your present method (in¬ cluded in the foregoing list of alterna¬ tives) of computing earnings credit on depositors’ checking accounts and a statement of which of the alternative methods provided for herein you propose to use in lieu of your present method. You may not change your method of computing your earnings credit on de¬ positors’ checking accounts under this section until you are advised in writing of OPS approval. Nothing in this sec¬ tion shall be construed to authorize any bank to lower the raje it allows to its depositors with respect to credit on de¬ positors’ checking accounts. Sec. 4. Changing schedule of service charges on depositors’ checking accounts. (a) Banks which now have a schedule of service charges on depositors’ checking accounts may apply to the Director of Price Stabilization, Attention: Chief, Service Trades Branch, Washington 25, D. C., for permission to substitute an¬ other schedule therefor, provided: (1 ) The aggregate proceeds that would have been received from the proposed schedule of service charges on depositors’ checking accounts had that schedule been in effect during the last preceding fiscal year do not exceed the aggregate proceeds actually received from the serv¬ ice charges on depositors’ checking ac¬ counts in effect during that period; (2) The proposed schedule of service charges on depositors’ checking accounts will not result in the discontinuance of any service rendered during the base period to any class of depositor; and (3) The requested plan is fair and equitable to all classes of depositors and particularly that smaller depositors will not be subjected to an unreasonable in¬ crease in charges under the requested plan. (b) If you are ?. bank applying for per¬ mission to change your schedule of serv¬ ice charges on depositors’ checking ac¬ counts under this section, your applica¬ tion must contain the following infor¬ mation : (1) An explanation of your present service charge plan, including rates on depositors’ checking accounts of various categories. (2) An explanation of the requested plan and rates of service charges on your depositors’ checking accounts of various categories. (3) A statement of (i) the total in¬ come actually received from the service charges on your depositors’ checking accounts during the last preceding fiscal year, (ii) the total income actually re¬ ceived from service charges on your depositors’ checking accounts in each of every third month of the last preceding fiscal year and (iii) the total income that you would have received from serv¬ ice charges on your depositors’ checking accounts in each of the same months as in subdivision (ii) if the requested sched¬ ule of service charges described in sub- paragraph (2) of this paragraph had been in effect. The statement of income required by this subparagraph must in¬ clude an analysis of all established cate¬ gories of depositors’ checking accounts that would have been affected under the proposed schedule but must exclude in¬ come received from other service charges not included in the present or proposed service charge schedule. (4) If you have ever been authorized to adjust your service charges by the Office of Price Stabilization, you must adequately identify the order by which you were authorized to make such ad¬ justment. (5) If you have changed from a non¬ par bank to a par bank under section 5 of this regulation, you must adequately identify your application therefor, and any order issued with respect thereto. (c) You may not change the schedule of service charges on depositors’ check¬ ing accounts under this section until you are advised in writing of OPS approval, which will be given only where granting such approval is consistent with the pur¬ poses of the Defense Production Act of 1950, as amended. Sec. 5. Nonpar banks changing to par banks. (Substitution of a check clear¬ ance service charge to the maker in place of an exchange charge to the payee or endorser.) (a) If you are a bank which now im¬ poses an exchange charge for check clearance on the payee or endorser of a check (nonpar system) and you now wish to impose a service charge on the maker of the check (par system), you may, under this section, apply to OPS for permission to change from the non¬ par system to a system of service charges applicable to depositors’ checking ac¬ counts. However, you must make a showing that the total calculated in¬ come from the application of proposed service charges to depositors’ checking account, had they been in effect during the last preceding fiscal year, would not have exceeded the total income actually received from the service charges on de¬ positors’ checking accounts and ex¬ change charges in effect during that fiscal year. (b) Your application under this sec¬ tion must be submitted to the Director of Price Stabilization, Attention: Chief, Service Trades Branch, Washington 25, D. C., and must contain the following information: (1) An explanation of your present schedule of exchange charges and serv¬ ice charges on depositors’ checking ac¬ counts, if any. (2) An explanation of the service charge plan and schedules applicable to depositors’ checking accounts which you propose to institute in lieu of the ex¬ change charges. (3) A statement of (i) the total in¬ come actually received from exchange charges and service charges on deposi¬ tors’ checking accounts, if any, during the last preceding fiscal year, (ii) the total income actually received from ex¬ change charges and service charges on depositors’ checking accounts, if any, in each of every third month of the last preceding fiscal year, and (iii) the total income that you would have received from service charges applicable to de¬ positors’ checking accounts in each of the same months as in subparagraph (ii) if the requested plan described in subparagraph (2) of this paragraph had been in effect, with an explanation, in¬ cluding wherever feasible, item counts of how you arrived at such totals. (4) If you have ever been authorized to change your schedule of service charges on depositors’ checking accounts under any section of Ceiling Price Reg¬ ulation 34, as amended, or this supple¬ mentary regulation, you must ade¬ quately identify your application and any order issued with respect thereto. (c) If your application, under this section is approved by OPS as herein¬ after provided you must discontinue your exchange charges before institut¬ ing your approved schedule of service charges. You may not change from a nonpar system to a system of service charges applicable to depositors’ check¬ ing accounts under this section however, until you are advised in writing of OPS approval, which will be given only where granting such approval is consistent with the purposes of the Defense Pro¬ duction Act of 1950, as amended. Sec. 6. Base period trial service charges, (a) If you have one or more branch offices and during the base period the prices for your service charges were centrally determined and had substan¬ tially uniform application in your prin¬ cipal bank and your branch offices, but during the base period you were supply¬ ing a service at a new charge (trial serv¬ ice charge) at your principal office or at a branch office to determine the feasi¬ bility of installing that charge in your other offices, you may apply to the Direc¬ tor of Price Stabilization, Attention: Chief, Service Trades Branch, Washing¬ ton 25, D. C., for permission to supply such service at the trial service charge price established for its supply in all of your offices, provided you submit a state¬ ment indicating (1) that you price cen¬ trally out of your principal office, (2) during the base period the ceiling prices or pricing methods for all of your serv¬ ices were substantially uniform in all of your offices, (3) that the service was being supplied at the trial service charge price during the base period at an office which you shall identify by name and ad¬ dress, (4) a description of the service for which you are requesting permission to change your ceiling price and a state¬ ment of the present ceiling price and the base period trial charge therefor, and (5) that you desire to apply this trial service charge in all of your offices. (b) You may not institute the charge under this section until you are advised in writing of OPS approval, which will be given only where granting such ap¬ proval is consistent with the purposes of the Defense Production Act of 1950, as amended. Sec. 7. Mergers and consolidations. (a) Two or more banks which have merged or consolidated since January 25, 1951, may determine the ceiling prices for their services pursuant to this section if, during the base period, one of the banks involved in the merger or consolidation had a uniform schedule of service charges in all of its offices and on the next preceding June 30 or December 31, whichever date is closer to the date of the merger or consolidation, was alone or with its branches, as the case may be, accountable for 66% percent or more 85 Serv 32:2403 of the total time and demand deposits of the merging or consolidating banks. In such event, the bank resulting from the merger or consolidation may apply to the Director of Price Stabilization, Atten¬ tion: Chief, Service Trades Branch, Washington 25, D. C., for permission to establish as the ceiling prices for its services, the ceiling prices which the bank accountable for 66% percent or more of the total time and demand de¬ posits had in effect on the date of the merger or consolidation. (b) If you are a bank applying for permission to establish the ceiling prices for your services provided for in para¬ graph (a) of this section, your applica¬ tion must contain a statement showing how you are eligible to establish your ceiling prices as provided therein to¬ gether with schedules of the service charges in effect at each of the merged or consolidated banks on the date of your application. You may not estab¬ lish your ceiling prices under this sec¬ tion until you are advised in writing of OPS approval, which will be given only where granting such approval is con¬ sistent with the purposes of the Defense Production Act of 1950, as amended. Sec. 8. New branch offices, (a) If during the base period, December 19, 1950 to January 25, 1951, inclusive, you had a branch office or offices with a sub¬ stantially uniform schedule of service charges and subsequent to January 25, 1951, you open or plan to open a new branch office, you may apply to the Director of Price Stabilization, Atten¬ tion: Chief, Service Trades Branch, Washington 25, D. C., for permission to establish at the new branch office the uniform schedule of service charges in effect at your other branch office or offices during the base period. (b) Banks without branch offices dur¬ ing the base period: If you are a bank which did not have any branch offices during the base period, December 19, 1950 to January 25, 1951, inclusive, and subsequent thereto you open or plan to open a new branch office, you may apply to the Director of Price Stabilization, Attention: Chief, Service Trades Branch, Washington 25, D. C., for per¬ mission to charge in the new branch office the ceiling prices for services which the principal office charges for the same services supplied therein. (c) If you are applying for permission to establish ceiling prices for your serv¬ ices under paragraph (a) or (b) of this section your application must contain a list of the addresses of the principal bank and all branch offices together with a schedule of the ceiling prices for services in effect at the principal office on the date of your application and if you have ever been authorized to adjust your service charges by the Office of Price Stabilization, you must adequately identify the order under which you were authorized to make such adjustment. You may not supply the services for which you are requesting a ceiling price under this section until you are advised in writing of OPS approval, which will be given only where granting such ap¬ proval is consistent with the purpose of the Defense Production Act of 1950, as amended. Sec. 9. Application for adjustment under section 20 (a) of Ceiling Price Regulation 34. If you are eligible for an adjustment under section 20 (a) of Ceil¬ ing Price Regulation 34, as amended, your application must contain in addi¬ tion to the information required by OPS Public Form 43, Revised, a statement of the total demand and time deposits of the bank on the next preceding June 30 or December 31, whichever is closer to the date of application. OPS in granting relief under section 20 (a) will take into account in addition to the mat¬ ters referred to in that adjustment pro¬ vision: (a) The United States ratio of average percentage of service charge rev¬ enue to total income for banks of various sizes as measured by demand and time deposits: (b) whether your ratio of aver¬ age percentage of service charge revenue to total income is more or less than the United States ratio on insured banks, as computed on the basis of the 1949 report of the Federal Deposit Insurance Cor¬ poration; and (c.) the reasonable dollar amount of allowable increased revenue from service charges to offset, in whole or in part, impairment of your normal pre-Korean earnings to meet the needs of smaller banks and to cover costs of installing or modifying your service charge schedule. Sec. 10. Definitions, (a) As used in this supplementary regulation: (1) The term “bank” shall include any person, firm or corporation engaged in the busi¬ ness of receiving and paying deposits of money or its equivalent, and which is authorized or permitted to engage in such business by the laws of the United States or any State, Territory or District. (2) The term "service charges” means those charges made by the banks for services which are subject to price reg¬ ulation, including, but not limited to, service charges on depositors’ checking accounts, safety deposit box rentals. bank money orders, cashiers’ checks, and other miscellaneous services. (3) The term “service charges on de¬ positors’ checking accounts” means only those charges which the bank imposes against its depositors for the services it renders the depositors in connection with the depositors' checking accounts. (4) The term “uniform schedule of service charges” means that the same ceiling price is charged for the same services at all offices of a bank. (5) The term “exchange” means the charge that nonpar banks deduct for paying checks drpwn upon themselves when they are presented through the mails from out-of-town points for the service of remitting the proceeds of the checks to distant points. (6) The term “par bank” refers to those banks which will remit in full items payable by them. (7) The terms “merger and consolida¬ tion” refers to the combining of two or more banks under the charter of one of such banks or under a new charter with or without the dissolution of any such banks. (8) The term “earnings credit” is the allowance to checking account depos¬ itors as a partial or full offset against certain service charges. (9) The term “float” means items in transit which are in the process of col¬ lection but not actually collected. (10) The term “reserve” means funds set aside by the bank as required by law and as deemed necessary by the bank to enable it to meet its depositors’ de¬ mands. (11) The term “new branch” means a bank which is established in a separate location from that of the principal office and any previously established branch office or offices. It does not include the previously established branch of a bank which has moved to a new location. (12) The term “average daily bal¬ ance” means the average amount of money that customer keeps on deposit, determined by adding the daily balances of his account for any given period and dividing the total by the number of days in such period. Effective date. This Supplementary Regulation 22 to Ceiling Price Regula¬ tion 34 shall become effective July 11. 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget In ac¬ cordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stabilization. July 11, 1952. . • '**' i?a ; ; ... ' V > -V ‘ ‘ ft . ttSKlfc#.' « O' 1 ' V „. i »;v ■ • - - - - ’. • 0 '• . * 4 • i ■ : • . . 1 ' 1 \ i •, •. • (l. ■ • - . ' .v ... ~ '-V . . I . ■ -v> ijk i. ■ ' ' ' ‘ ■■ 'l' • ♦ - • ■. .. ' •- 4*:' : .It u - ■<, Jr '' i . ' , (( . , / - • 1 FILE following 85 Serv 32:2403 (1-16-53) 85 Serv 32:2403.1 Correction Ceiling Price Regulation 34 Supplementary Regulation 22 Correction JANUARY 16. 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Supplementary Regulation 22, Correction] CPR 34 —Services SR 22—Service Charges for Banks CORRECTION Due to a clerical error the word “sub¬ stantially” was omitted from the first sentence of paragraph (a) of section 7 of Supplementary Regulation 22 to fil¬ ing Price Regulation 34, effective July 11, 1952. Accordingly, the first sentence of paragraph (a) of section 7 of Supple¬ mentary Regulation 22 to Ceiling Price Regulation 34 is corrected to read as follows: (a) Two or more banks which nave merged or consolidated since January 25, 1951, may determine the ceiling prices for their services pursuant to this sec¬ tion if, during the base period, one of the banks involved in the merger con¬ solidation had a substantially uniform schedule of service charges in all of its offices and on the next preceding June 30 or December 31, whichever date is closer to the date of the merger or consolida¬ tion, was alone or with its branches, as the case may be, accountable for 66% percent or more of the total time and demand deposits of the merging or con¬ solidating banks. Joseph H. Freehill, Director of Price Stabilization. January 16, 1953. ' . FILE following 85 Serv 32:2403 (11-13-52) 85 Serv 32:2405 Filing of Applications by Banks (Amending Secs. 3, 4(a), 6(a), 7(a), 8(a) and (b)) 5(b), OFFICE OF PRICE STABILIZATION Ceiling Price Regulation 34 Supplementary Regulation 22 Amendment 1 NOVEMBER 13, 1952 WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency CPR 34 —Services SR 22 —Service Charges for Banks FILING OF APPLICATIONS Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 and Economic Stabilization Agency General Order No. 2, this Amendment to Supplementary Regulation 22 to Ceil¬ ing Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to Supplementary Regulation 22 to Ceiling Price Regula¬ tion 34, as amended, provides for filing applications thereunder with the OPS District Office for the district in which the bank is located, rather than the Na¬ tional Office. It is the policy of this office to delegate to its field offices the authority to proc¬ ess applications of local sellers whenever it is feasible to do so. The OPS District Office in the proximate area of the seller is usually better aware of the local situ¬ ation and problems than the National Office. In addition, the burden on the applicant is often substantially lessened by dealing with the local office in that it is more convenient than dealing with the National Office in Washington, D. C. Most banks operate within a limited geo¬ graphical area and their problems in most cases can best be handled by local OPS offices. It is therefore the opinion of the Di¬ rector of Price Stabilization that appli¬ cations for change in banking practices or for the establishment of ceiling prices by banks on their depositors’ checking accounts should be handled by the OPS district offices. The technical nature of this amend¬ ment has made formal consultation with industry representatives impracticable. AMENDATORY PROVISIONS Supplementary Regulation 22 of Ceil¬ ing Price Regulation 34, as amended, is amended by deleting the phrase “Di¬ rector of Price Stabilization, Attention: Chief, Service Trades Branch, Washing¬ ton 25, D. C.,” wherever it appears in sections 3, 4 (a), 5 (b), 6 (a), 7 (a), 8 (a), and 8 (b) of Supplementary Regu¬ lation 22 to Ceiling Price Regulation 34, and inserting in lieu thereof, the phrase “appropriate OPS District Office.” (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment is effective November 18, 1952. Note: The record-keeping requirements of this amendment have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Tighe E. Woods, Director of Price Stabilization. November 13, 1952. oi 5- • . r \ t , I ( 'W . ■ It*' ■ .li 13 Ut it (SS-SJt-II) SO£S:SS vis8 ai.; sniv/ollo* 3JI3 ee>?o:>ilqqA >o ?; litH siinoB 'yd ’ WO AW I - ,(d)a t (s)4‘ ,£ do 3 gnf&iarrrA) ((d) fciis (b) 3 ,(fi)T ,(s)d ) aomo ,.. ... . m JAMOITAH—A£C 3 JUT nvtariA >v ,; —lit istqorO ■ i>->3 ,noif I" !»*»Sr~*C,flV.J n i!au ' < ■-!’■ .1 ‘ 1 .! xjtrt l \0 )’>f\ er diem) Loading out (cent) Oats. All .... First 180 days at 1/30—next 185 days at 1/40.. _ Vk Corn: Commingled_ All_ nt First ISO days at 1/20—next 215 days at 1/40_ H Identy preserved. .. All. 1/30 per diem_... _ . % Barley: Commingled_ All_ i H First 150 days at 1/20—next 215 days at 1/40_ 'A Identity preserved... Flax: All-.. 1A 1/30 per diem.. 'A All. 2 First 210 days at 1/20—next 155 days at 1/30 . . Y< *A Identity preserved... All_ 2 1/25 per diem.. ^. fl*. I'A First 90 days at 1/20—next 275 days at 1/30_ Wheat and all other grain. Ill *>_ m First 120 days at 1/20—next 245 days at 1/30__ *A Jill •- l'A First 150 days at 1/20—next 215 days at 1/30__ •A |iv Area II Includes: Minnesota, Montana, North Dakota, South Dakota, also Superior, Wisconsin. • Area III includes: Colorado, Illinois, Iowa, Kansas, Missouri, Nebraska, Wyoming, Wisconsin, except Superior. <* Area IV includes: All States not listed in Areas I, II, and III above. Direct transfer 1J4 cents per bushel. Add customary port authority or mandatory charges where grain is received at port locations. (b) The ceiling rates established in paragraph (a) of this section shall apply to private and commercial users, if prior to January 26, 1951, the grain warehouse or elevator had charged such users the same rates as those established by pre¬ vious Uniform Grain Storage Agree¬ ments of the United States Department of Agriculture. Effective date. This supplementary regulation to Ceiling Price Regulation 34 shall become effective as of June 1, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. August 14, 1952. I FILE following 85 Serv 32:2501 (8-22-52) 85 Serv 32:2601 Sales of Linen Supply Services Ceiling Price Regulation 34 to Small Commercial Users Supplementary Regulation 24 AUG. 22, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [ Celling Price Regulation 34, Supplementary Regulation 24] CPR 34—Services SR 24—LINEN SUPPLIERS LOCATED IN NEW YORK CITY AREA: SALES OP CERTAIN LINEN SUPPLY SERVICES TO SMALL COM¬ MERCIAL USERS Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Supplementary Regulation 24 to Ceiling Price Regula¬ tion 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 24 to Ceiling Price Regulation 34 (CPR 34) applies to sellers of linen supply services located in the New York City metropoli¬ tan area. It establishes dollars and cents ceiling prices for sales to small commer»"i F^rohaspro t>h» linen sup¬ ply services as specified in Appendix a. Previously, ceiling prices for sales of these services had been established by CPR 34, as amended. While CPR 34 remains the regulation applicable to most service industries and to certain sales by sellers subject to this supplementary regulation, this action is taken in line with OPS policy of provid¬ ing price controls better adapted to the specific nature and needs of particular service industries and to requirements for more effective administration and enforcement. Generally, CPR 34 fixes a seller’s ceil¬ ing price for sale of a service to a pur¬ chaser at the highest price at which he delivered the service or offered it for de¬ livery to a purchaser of the same class during the base period (December 19, 1950, to January 25, 1951, inclusive). A purchaser of the same class is defined in the regulation as a purchaser belong¬ ing to a price class, i. e. group of pur¬ chasers to whom it was the seller’s estab¬ lished practice in the base period to sup¬ ply the service at a particular price different from that customarily charged other groups of purchasers. This defi¬ nition further provides that a single pur¬ chaser constitutes a price class if that purchaser was customarily treated dif¬ ferently price-wise by the seller from all other purchasers. Section 12 (c) gen¬ erally provides that a seller who cus¬ tomarily charged different purchasers different prices without regard to stand¬ ards but on an individually negotiated basis must treat each purchaser as a separate class of purchaser. Such a seller was required to establish almost as many ceiling prices as he had customers in the base period. Section 12 (d) gen¬ erally required this type of seller to com¬ pute the ceiling price for sale of a service to a new purchaser at the arithmetic average of his ceiling prices to purchas¬ ers in the same category as derived from his base period experience. It also im¬ posed upon this seller the requirement that if he discontinued supplying a serv¬ ice to an old purchaser within one month before or after beginning to supply that service to a new purchaser, he was re¬ quired to sell to the new'purchaser at a price no higher than the ceiling price to the old purchaser he discontinued if the purchaser had been supplied the service during the base period at a price below the seller’s average price to pur¬ chasers in the same category. Sections 12 (c) and (d) were designed to meet exceptional cases and as applied to the service trades generally have not consti¬ tuted a burden upon sellers in computing ceiling prices. Two central facts make departure from the freeze technique of CPR 34 ap¬ propriate and desirable in the case of sales by linen suppliers located in the New York cMtv metronnlitan area to small commercial purchasers of linen supply services. In the first place, the dollars and cents pricing technique is appropriate and desirable where a serv¬ ice industry furnishes ji service which is generally uniform in nature from seller to seller. This technique is desirable also from the standpoint of simplicity and certainty of administration both for sellers subject to the regulation and for the OPS. The services covered by this supplementary regulation are generally uniform in their nature irrespective of which linen supplier furnishes it. In the second place, the peculiar nature of the linen supply industry in the New York City metropolitan area makes the application of CPR 34 to their pricing problems a difficult and burdensome task. There are approximately 80 linen sup¬ ply firms in the New York City metro¬ politan area. It has been estimated that they furnish linen supply services to approximately one hundred seventy-five thousand purchasers with a dollar sales volume of nearly $500,000 per week. Most of the contracts for sale of these services to smaller accounts have cus¬ tomarily been negotiated in this indus¬ try on an individual basis without regard to objective standards such as quantity of purchases or nature of the business or location of the purchaser. The basic reason for this type of sales pattern is the highly competitive nature of the in¬ dustry. A consequence of this industry characteristic is the frequent movement from seller to seller of individual small purchasers. Another characteristic of this industry is the frequent purchase by one linen supplier from his competitor of existing customer routes. The result of this practice is to cause a movement from seller to seller of whole groups of purchasers. Generally the linen supply trade considers as a small account the restaurant which currently buys less than $75 a week of linen supply services or other buyers that currently buy less than $20 per week of the linen supply services. These smaller accounts include roughly 150,000 buyers whose purchases in dollars represent 50 percent of total dollar volume of the New York City linen suppliers. There are roughly 25,000 of larger accounts which represent the other 50 percent of dollar volume. CPR 34, although well adapted for the bulk of the services industries, does not solve adequately the ceiling price prob¬ lems of the linen supply industry in the New York City metropolitan area. Each seller in this industry must compute al¬ most as many ceiling prices as the seller had customers in the base period, which often runs into the thousands. In ad¬ dition, each seller is faced with the prob¬ lem of determining ceiling prices for new purchasprs acquired either through com¬ petitively lower prices offered them or through purchase of existing routes of competitors. To compute these ceiling prices the seller who customarily nego¬ tiates individual prices must find the arithmetic average of his ceiling prices derived from his base period sales ex¬ perience. If, at the time of beginning to sell a new purchaser, the seller has within one month discontinued selling an old purchaser, he must make an in¬ dividual analysis of his prices to the discontinued purchaser in the base pe¬ riod and may be required to use the latter’s ceiling price instead of the arith¬ metic average of all ceiling prices de¬ rived from base period sales experience as the ceiling price to the new purchaser. Due to the multiplicity of customers which each seller has the amount of computations required becomes not only a difficult operation but a time-consum¬ ing one as well. The dollars and cents technique adopted by this supplementary regula¬ tion will not only simplify greatly the determination of ceiling prices by sellers subject to this regulation but will elimi¬ nate many of the difficulties of enforce¬ ment previously encountered in the ad¬ ministration of CPR 34. This supplementary regulation applies only to sales of linen supply services to small commercial purchasers. Section 4 sets forth the technique for determining which commercial purchasers are large accounts and provides that all others are small accounts. Generally, a com¬ mercial purchaser is a large account if it 85 Serv 32:2602 purchased for use in other than restau¬ rant facilities a volume of twenty or more dollars in the base calendar week or if it purchased for use in restaurant facili¬ ties a volume of seventy-five or more dollars in that week. This line of de¬ marcation is supported generally by the practices of the New York City linen supply trade. On the basis of ceiling price adjustments previously granted under section 20 (a) of CPR 34 to sellers subject to this supplementary regulation it appears that the ceiling prices estab¬ lished by this regulation represent the present ceiling prices under CPR 34 for approximately half of the sales to small commercial purchasers. Sales of these services to large commercial purchasers remain subject to CPR 34 due to the rela¬ tively smaller number of purchasers in¬ volved and to differences in treatment of larger purchasers as recognized gen¬ erally by the New York City linen supply industry. The establishment of uniform dollars and cents ceiling prices for large commercial purchasers of linen supply services from suppliers located in New York City is not feasible at this time because of very wide variations in the prices charged them. In determining the level of ceiling prices established in this supplementary regulation, as well as the need for this regulation, the Director has considered the availability of price relief to indi¬ vidual members of this industry under the provisions of section 20 (a) of CPR 34. This section permits a seller of serv¬ ices to apply for an upward adjustment of his ceiling prices for sales of his serv¬ ices when his present ceiling prices im¬ pair his normal earnings, for a repre¬ sentative pre-Korean period, to such an extent that the effective operation of his service business is threatened. Among the factors which the Director considers in acting on an application under this section are the seller’s post-Korean in¬ creases and decreases in cost, the earn¬ ings of the seller’s services’ business as well as the earnings of his entire busi¬ ness operation, change in sales volume, and the nature and size of the seller’s business. Based upon data submitted by nine linen supply houses in the New York City metropolitan area, the Director found that each company was entitled to upward adjustment of their ceiling prices. The amount of the adjustment of ceiling prices granted varied from three to six percent. Study of other data indicates that many of the other sellers in this area would be entitled to price relief under the provisions of section 20 (a) of CPR 34. The issuance of this sup¬ plementary regulation on an area basis should substantially ease the adminis¬ trative burden and avoid the otherwise necessary time lag involved in processing many individual applications under this section by sellers subject to this regula¬ tion and will generally give these sellers the price relief which, on the average, they would be entitled under section 20 (a) of CPR 34. Accordingly, section 2 (b) of this supplementary regulation provides that no seller subject to this regulation can obtain an adjustment of ceiling prices under section 20 (a) after its effective date; and it also revokes any adjustment orders previously issued by OPS under this section with respect to sales covered by this supplementary reg¬ ulation. The dollars and cents ceiling prices set forth for linen supply'services listed in Appendix A have been determined bas¬ ically upon the customary past prices for different sellers in the New York City metropolitan area for the same services rendered. In preference to weighted average prices of the different sellers, the modal price has been used as the basis for determination of the ceiling prices established by this supplementary regulation. The modal price is that price charged by these sellers to the greatest number of purchasers for each particular service item supplied. Al¬ though this supplementary regulation is not issued as an adjustment action, the dollars and cents ceiling prices estab¬ lished by it are on the average slightly above the modal prices so as to take into account fairly recent wage and other cost increases of the New York City linen supply industry and the impairment of normal pre-Korean earnings resulting from such cost increases. The ceiling prices established will result in some rollbacks of some service items for some suppliers. At any uniform ceiling price level established certain rollbacks are necessary unless the criterion of the highest price for a service item of a single supplier were followed which, of course, is not feasible for purposes of sound price control by a dollars and cents tech¬ nique. Excluded from the scope of this linen supply services regulation are cer¬ tain related services supplied to profes¬ sional purchasers, linen supply services furnished to seasonal purchasers, related services purchased for home use, office towel services and commercial flat work services. These exclusions are designed to limit the scope of linen supply services covered by this regulation to a well de¬ fined segment of linen supply services in accordance with the industry pattern of the linep supply trade in New York City. FINDINGS OF THE DIRECTOR OF PRICE STABILIZATION In the judgment of the Director of Price Stabilization the ceiling prices es¬ tablished by this regulation are gener ly fair and equitable and are necest to effectuate the purpose of Title IV oi the Defense Production Act of 1950, as amended. As far as practical, in the formulation of this regulation, the Director of Price Stabilization has given due consideration to the national effort to achieve maxi¬ mum production in 1 \:. fV >erance of the objectives of the Defense 1 oduction Act of 1950, as amended, + -o the prices pre¬ vailing during the peilod January 25 through February 24, 1951, as well as to the level of prices prevailing just before the issuance of this regulation; and to all relevant factors of general applicability. In formulating this regulation, there has been consultation with industry representatives, including trade associa¬ tion representatives, and consideration has been given to their recommenda¬ tions. Every effort has been made to conform this regulation to business practices ex¬ isting with respect to the linen supply services covered in the regulation. In¬ sofar as any provisions of this regula¬ tion may operate to compel changes in those business practices, such provisions are found by the Director of Price Sta¬ bilization to be necessary to prevent cir¬ cumvention or evasion of this regulation. REGULATORY PROVISIONS Sec. 1. What this supplementary regulation does. 2. Relationship of this supplementary regu¬ lation to Celling Price Regulation 34. 3. Celling prices. 4. How to determine whether a commercial purchaser Is a small or a large account. 5. Application for redesignation of account. 6. Invoices. 7. Interpretations. 8. Definitions. Authority: Section 1 through 8 Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 P. R. 6105, 3 CPR 1950 Supp. Section 1. What this supplementary regulation does. This supplementary regulation applies to you if you are a seller of linen supply services located in the New York City area. It establishes dollars and cents ceiling prices for your sales of linen supply services listed in Appendix A to all commercial purchas¬ ers which are small accounts. Ceiling prices for these sales were previously established by Ceiling Price Regulation 34 (CPR 34). The terms “linen supply serviooc”, “New Yorir city and “commercial purchasers’’ are defined in section 8 of this regulation. Section 4 of this regulation tells you how to deter¬ mine whether a commercial purchaser is a small or a large account. This regu¬ lation does not apply to sales of linen supply services to commercial purchas¬ ers which are large accounts, to profes¬ sional or seasonal purchasers, or to pur¬ chasers for home use, as the foregoing terms are defined in section 8 of this regulation. This regulation also does not apply to sales of office towel or commercial flatwork services as these terms are defined in section 8 of this regulation. Sec. 2. Relationship of this supplemen¬ tary regulation to Ceiling Price Regula¬ tion 34. (a) Except to the extent they are modified by or are inconsistent with the provisions of this supplementary regulation, all provisions of CPR 34, as amended, shall continue to apply to you. (b) You may not, after the effective date of this supplementary regulation, obtain an adjustment of ceiling prices under paragraphs (a) (1) and (2), (b), or (c) of section 20 of CPR 34 for your sales of linen supply services listed in Appendix A to commercial purchasers which are small accounts. Any order previously issued by the Office of Price Stabilization under these paragraphs and applicable to you is hereby revoked, upon the effective date of this regulation, as to your sales of linen supply services listed in Appendix A to commercial pur¬ chasers which are small accounts. (c) The requirement contained in sec¬ tion 18 (c) of CPR 34, as amended, with 85 Serv 32:2603 respect to filing of supplemental state¬ ments of ceiling prices does not apply, as of the effective date of this supple¬ mentary regulation, to your sales of linen supply services listed in Appendix A to commercial purchasers which are small accounts. Sec. 3. Ceiling prices. If you sell a linen supply service listed in Appendix A from an establishment located in the New York City Area, your ceiling price for a sale of that service to any commer¬ cial purchaser which is a small account as determined under section 4 of this regulation, shall be the price specified for that service in Appendix A. If you sell that service to a commercial pur¬ chaser which is a large account, your ceiling price for a sale of that service is the one previously established under the provisions of CPR 34, as amended. Sec. 4. How to determine whether a commercial purchaser is a small or a large account, (a) (1) A commercial purchaser of linen supply services listed in Appendix A is a large account if it purchased for use in other than restau¬ rant facilities a volume of twenty or more dollars of these services during the period specified in paragraph (b) of this section, or if it purchased for use in res¬ taurant facilities, as defined in section 8 of this regulation, a volume of seventy- five or more dollars of these services during the period specified in paragraph (b) of this section, or if it is redesignated as a large account by order of the Direc¬ tor of the New York Regional Office of the Office of Price Stabilization in ac¬ cordance with the provisions of section 5 of this regulation. All other commercial purchasers of these services are deemed to be small accounts. (2) If a commercial purchaser pur¬ chased linen supply services for use in both restaurant facilities and other fa¬ cilities during the period specified in paragraph (b) of this section, that buyer is a large account for all of those pur¬ chases if it would constitute a large ac¬ count based upon its purchases for either type of facilities as described in subpara¬ graph (1) of this paragraph. (3) If a commercial purchaser oper¬ ates more than one establishment, all of these establishments for which linen supply services listed in Appendix A were purchased during the period specified in paragraph (b) of this section shall, for the purposes of this supplementary regu¬ lation, be considered a single purchaser for the purpose of determining whether the commercial purchaser is a large ac¬ count. (b) For the purpose of making the status determination required in para¬ graph (a) of this section, you must se¬ lect whichever of the following periods is applicable to you: the base week from Monday, July 28, 1952, to Sunday, Au¬ gust 3, 1952, inclusive, or of any seven consecutive days the first of which falls within that week if you customarily maintain your weekly records on the latter basis. If, however, a commer¬ cial purchaser did not purchase linen supply services listed in Appendix A from any seller during the base week appli¬ cable to you, the determination of whether that purchaser is a large ac¬ count must be based upon its volume of these purchases during the first com¬ parable full week, following the base week, in which you did supply these services to that purchaser. Until you have so determined the status of such a purchaser but in no event for more than 14 days after you first furnish linen sup¬ ply services to such purchaser, your ceil¬ ing prices to such purchaser shall be those established by this supplementary regulation. After such time, your ceil¬ ing prices to that purchaser must be de¬ termined under either this supplemen¬ tary regulation or CPR 34, whichever is applicable. (c) If a commercial purchaser did not purchase linen supply services listed in Appendix A from you during the base week specified under paragraph (b) of this section but did purchase these serv¬ ices during that period from another seller subject to this supplementary reg¬ ulation, you must determine from these purchases whether that purchaser is a large account. You may rely upon the statements of the purchaser concerning the dollar volume of his purchases of linen supply services from others during the base week. Sec. 5. Application for redesignation of nature of account, (a) A seller sub¬ ject to this supplementary regulation must, or a purchaser of linen supply services listed in Appendix A from that seller may apply in writing to the Direc¬ tor of the New York Regional Office of the Office of Price Stabilization for an order redesignating that purchaser as a large account or as a small account, whichever is applicable, if the applicant knows and can demonstrate that the purchaser has changed, as described in paragraph (b) of this section, the volume of his purchases of the linen supply serv¬ ices listed in Appendix A. The appli¬ cant must give in his application the in¬ formation specified in paragraph (c) of this section. If the Director finds that the facts warrant a redesignation of the purchaser, either as a large account or as a small account, whichever is applicable, he will issue an order in writing estab¬ lishing the new designation for the pur¬ chaser. Until the Director notifies an applicant in writing of the redesignation of a purchaser as a large account or as a small account, whichever is applicable, a seller subject to this regulation may not charge that purchaser prices higher than the ceiling prices previously applicable for sales of the linen supply services listed in Appendix A to that purchaser. (b) Either of the persons referred to in paragraph (a) of this section should apply for an order redesignating the status of a purchaser from a seller sub¬ ject to this regulation under the follow¬ ing circumstances: (1) When that purchaser is presently classified as a small account under sec¬ tion 4 of this regulation and his pur¬ chases of linen supply services listed in Appendix A during any four consecutive weeks would for each of these weeks con¬ stitute that purchaser a large account according to the standards set forth in section 4 of this regulation; or (2) When that purchaser is presently classified as a large account under sec¬ tion 4 of this regulation and his pur¬ chases of linen supply services listed in Appendix A during any four consecutive weeks would not for each of those weeks constitute that purchaser a large ac¬ count according to the standards set forth in section 4 of this regulation. (c) An application under this section must include the following information: (1) Name and address of the seller and the purchaser; (2) The period which constitutes the seller’s base week, the dollar amount of the purchaser’s purchases of linen sup¬ ply services during that week, and the type of facilities for which the purchases were made, together with the present status of that purchaser (i. e. whether it is a large or a small account) if the status has changed since the base week; (3) The four consecutive weeks upon which the applicant relies as the basis for seeking a redetermination of status of that purchaser; (4) The dollar volume of purchases of linen supply services listed in Appendix A by that purchaser from the seller for each week referred to in subparagraph 3 of this paragraph. Sec. 6. Invoices. In complying with the provisions of section 17 of CPR 34, as amended, you must supply sales slips, receipts, or invoices to purchasers which describe linen supply services furnished to such purchasers in the terms as used to describe those services in Appendix A of this supplementary regulation. Sec. 7. Interpretations. If you want an official interpretation of this regula¬ tion, you should write to the Regional Counsel of the New York Regional Office of the Office of Price Stabilization. Any action taken by you in reliance upon and in conformity with a written official in¬ terpretation will constitute action in good faith pursuant to this supplemen¬ tary regulation. Further information on obtaining official interpretations is con¬ tained in Price Procedural Regulation 1, revised. Sec. 8. Definitions. When used in this supplementary regulation, the term: (a) “Linen supply services” means the supplying to others on a rental basis of clean laundered linens or garments listed in Appendix A by the owner of these items. The term “linen” as used 85 Serv 32:2604 in this definition, is not confined to arti¬ cles made of linen textiles, but includes articles consisting of any fabric which are commonly laundered as distinguished from being dry cleaned. (b) “Commercial purchaser” means a person who buys linen supply services in connection with the operation of his business, such as a restaurant, hotel, hos¬ pital, barber shop, or other similar busi¬ nesses. (c) “New York City Area” means the following counties of the State of New York: New York, Kings, Queens, Bronx, Richmond, Nassau, SufTolk and West¬ chester. (d) “Small account” means a com¬ mercial purchaser of linen supply serv¬ ices listed in Appendix A which is not a large account as described in section 4 of this regulation. (e) “Large account". Section 4 of this regulation tells you how to deter¬ mine whether a commercial purchaser of linen supply services listed in Appendix A is a large account. (f) “Professional purchaser” means a member of the medical or dental pro¬ fession who purchases linen supply serv¬ ices for use in his professional office. (g) “Seasonal purchaser” means a commercial purchaser who normally and in the regular course of business pur¬ chases linen supply services listed in Ap¬ pendix A during less than six consecutive months of each year. (h) “Purchaser for home use” means a person who purchases linen supply services for a use in his home uncon¬ nected with the operation of a business. (i) “Office towel service” means the supplying to others for use in offices on a rental basis of clean laundered towels, owned by the supplier, which are de¬ livered at regular intervals and normally at a specified price per month based upon the quantity of towels used. (j) “Commercial flatwork service” means laundry services supplied by a seller on linens, flatwork or garments owned by the purchaser of the services. (k) “Restaurant facilities” means the facilities normally provided by a public or private eating place serving food or beverages operated either as a separate business or as a department of a busi¬ ness, such as a hotel or department store. Effective date. This supplementary regulation is effective August 27, 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stabilization - August 22, 1952. Appendix A—Ceiling Prices for Linen Sup¬ ply Service Items The terms used below to describe linen supply service Items shall have the meaning customary to the linen supply service trade In the New York City Area. You must follow the customary practice of the trade In re¬ placing at normal Intervals and under cus¬ tomary conditions the Items of linen supply service furnished to purchasers. The term "special”, as used In this Appendix, means an Item which has a special trim or embroi¬ dery or an Item which Is not plain white. Item Per piece Per hun¬ dred pieces 1. Aprons, plain.... $0,165 .11 .20 .42 .47 .55 .40 .60 .55 .60 .16 .16 .06 2. Aprons, tea.... 3. Aprons, industrial. 4. Coats, plain.. 5. Coats, special. 6. Dresses, smocks, and Hoover. 7. Dresses, bungalows... 8. Dresses, special. 9. Gowns, regular.... 10. Gowns, special.. 11. Hair cloths furnished to barber shops... 12. Hair cloths furnished to beauty shops.. 13. Mops__ 14. Napkins, 16-inch... $1-50 1.65 2.10 15. Napkins, 18-inch... 16 . Napkins, 22-inch mercerized-. 17. Pants, regular. .41 .46 .09 .10 .19 .35 .40 .80 .18 .10 .085 .10 .06 .05 .04 .02 18. Pants, special. 19. Pillowcases.. 20. Shave cloths... 21. Sheets_ . 22. Shirts, regular.... 23. Shirts, special.. _. 24. Suits (special pants and special shirts)... 25. Tablecloth, regular, white up to 64-inch..... 26. Table tops, white cotton__ 27. Towels, bath, small 18 by 26 or smaller.. 28. Towels, bath, large over 18 by 36... 29. Towels, glass, side, kitchen, grade 1.... 30. Towels, hand.. 31. Towels, kitchen, grade 2. 32. Towels, rag... 33. Towels, 16 by 32, furnished to barber shops. 2.15 2.55 2.50 2.75 34. Towels, 16 by 32, furnished to beauty shops.. 35. Towels, 18 by 36, furnished to barber shops... 36. Towels, 18 by 36, furnished to beauty shops.. 37. Towels, massage, furnished to barber shops.065 38. Towels, massage, furnished to beauty shops.06 FILE following 85 Serv 32:2604 (10-10-52) 85 Serv 32:2605 Clarification—Linen Suppliers Located in New York City Area, Etc. (Amending Secs. 1, 4(a) (3), 5(c) and 8(b)) OFFICE OF PRICE STABILIZATION Ceiling Price Regulation 34 Supplementary Regulation 24 Amendment 1 OCT. 10. 1952 WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Celling Price Regulation 34, Arndt. 1 to Supplementary Regulation 24] CPR 34—Services SR 24—Linen Suppliers Located in New York City Area: Sales of Certain Linen Supply Services to Small Com¬ mercial Users CLARIFICATION Pursuant to the Defense Production Act of 1950. as amended, Executive Order 10161 (15 F. R. 6105), and Economic Sta¬ bilization Agency General Order No. 2 (16 F. R. 738), this Amendment 1 to Supplementary Regulation 24 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 1 to Supplementary Regulation 24 to Ceiling Price Regula¬ tion 34 clarifies the coverage of this supplementary regulation to indicate clearly that it applies only when both the buyer and the seller of linen supply services are located in the New York City Area (the counties of New York, Kings, Queens, Bronx, Richmond, Nassau, Suf¬ folk and Westchester in New York State). If either the buyer or seller is located outside of the New York City Area, the transaction continues to fall within the provisions of Ceiling Price Regulation 34. If a buyer or seller has several places of business, some of which are within the New York City Area, the ceiling prices established by this supplementary regu¬ lation apply to sales or purchases made to and by those places of business only. Thus, there are two criteria for the ap¬ plicability of this Supplementary Regu¬ lation 24: the location of buyer and sell¬ er, and the volume of linen supply serv¬ ices purchased by the buyer. In view of the clarifying nature of this amendment, special circumstances have rendered consultation with industry rep¬ resentatives, including trade association representatives, impracticable. AMENDATORY PROVISIONS Supplementary Regulation 24 to Ceil¬ ing Price Regulation 34 is amended in the following respects: 1. The second sentence of section 1 is amended by inserting after the word “purchasers” the phrase “located in the New York City Area” so that the new sentence reads as follows: “It establishes dollars and cents ceiling prices for your sales of linen supply services listed in Appendix A to all commercial purchasers located in the New York City Area which are small accounts.” 2. Subparagraph (a) (3) of section 4 is amended by inserting after the word “establishments” the phrase “located in the New York City Area” so that the new subparagraph reads as follows: (3) If a commercial purchaser oper¬ ates more than one establishment, all of these establishments located in the New York City Area for which linen supply services listed in Appendix A were pur¬ chases during the period specified in paragraph (b) of this section shall, for the purposes of this supplementary reg¬ ulation, be considered a single purchaser for the purpose of determining whether the commercial purchaser is a large account. 3. Paragraph (c) of section 5 is amended by adding at the beginning thereof the following new subparagraph: (5) This paragraph sets forth the in¬ formation that your application must contain. If the purchaser operates more than one establishment, all of such es¬ tablishments located in the New York City Area shall be considered a single purchaser. Data which relates to any establishments outside of the New York City Area operated by the purchaser can¬ not be used as a basis for redesignation and therefore the information submitted under this section must be limited to establishments located in the New York City Area. 4. Paragraph (b) of section 8 is amended by adding at the end thereof the following new sentence: “For the purposes of this regulation the term ‘commercial purchaser’ refers only to such purchasers located in the New York City Area.” (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 1 is effective October 15, 1952. Tighe E. Woods, Director of Price Stabilization. October 10, 1952. 1 • c : , hr# . . ' ■ *' : X it .0 >:v ' - • . •• i/i ’ ■ 0 ' •,/: . ■ .Vi.-" ' . ' " ,rl . FILE following 85 Serv 32:2605 (2-5-53) 85 Serv 32:2607 OFFICE OF PRICE STABILIZATION Ceiling Price Regulation 34 Supplementary Regulation 24 Amendment 2 FEBRUARY 4, 1953 WASHINGTON Extension of Coverage To Include Certain Counties in New Jersey (Amending Secs. 3, 4(a), 5(c), 8(c) and App. A) TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Arndt. 2 to Supplementary Regulation 24) CPR 34—Services SR 24—Linen Suppliers Located in Metropolitan New York Area: Sales of Certain Linen Supply Services to Small Commercial Users extension of coveragf to include cer¬ tain counties in new jersey Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161 (15 F. R. 6105), and Economic Sta¬ bilization Agency General Order No. 2 (16 F. R. 738) , this Amendment 2 to Sup¬ plementary Regulation 24 to Ceiling Price Regulation 34 is hereby issued. statement of considerations This Amendment 2 to Supplementary Regulation 24 to Ceiling Price Regulation 34 extends the coverage of this supple¬ mentary regulation so as to include linen service suppliers located in the Counties of Bergen, Passaic, Hudson, Essex, Union, Middlesex and Mercer in the State of New Jersey. The inclusion of these linen suppliers in the same regulation with New York linen supply service sellers has ample precedent in action taken by OP A. Furthermore, these counties comprise the Newark, New Jersey area and his¬ torically have been considered as a part of the Metropolitan New York area. The statement of considerations con¬ tained in the formulation of Supple¬ mentary Regulation 24 is equally appli¬ cable to the sellers affected by this amendment and i$ incorporated herein by reference. In view of the clarifying nature of this amendment, special circumstances have rendered consultation with industry rep¬ resentatives, including trade association representatives, impracticable. amendatory provisions Supplementary Regulation 24, as amended, to Ceiling Price Regulation 34 is further amended in the following respects: 1. Delete the phrase “New York City Area” wherever it appears in sections 1, 3, 4 (a), 5 (c), 8 (b), 8 (c) and Appen¬ dix A of Supplementary Regulation 24, as amended, to Ceiling Price Regulation 34, and insert in lieu thereof, the phrase “Metropolitan New York Area”. 2. Paragraph (c) of section 8 is amended to read as follows: (c) “Metropolitan New York Area” means the Counties of New York, Kings, Queens, Bronx, Richmond, Nassau, Suf¬ folk and Westchester in the State of New York and the Counties of Bergen, Pas¬ saic, Hudson, Essex, Union, Middlesex and Mercer in the State of New Jersey. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 2 is effective February 4, 1953. Joseph H. Freehill, Director of Price Stabilization. February 4, 1953. - '. vv-r-'- r ? ! • > • '• • ii:> . ... .,. ..... » vv . ■ i - > ; ’ v - •? ... .... . . • !i i jr. . . i . r . , ' ... > • . * '• ■ . . .. : . • ■ . i- • . ■ f J .■ :• - . ■ ' • . ; ,. *t, n .. • rtf. < ;• • . • <• • V .... ‘ •' . ... • ' .... ■ r _ T * " ' . • - » 1 • • • • • ‘ ‘ -.ft V' •' • • -.7 1 . • .. . . . ‘ 7- •-;•••- • • •.• > - fC ~! : t ■' FILE following 85 Serv 32:2605 (11-10-52) 85 Serv 32:2701 Power Laundries in Philadelphia, Pennsylvania Ceiling Price Regulation 34 Supplementary Regulation 25 NOVEMBER 10, 19S2 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—-NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 34, Supplementary Regulation 251 CPR 34 —Services SR 2 5—POWER LAUNDRIES IN PHILADELPHIA, PENNSYLVANIA Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 (15 P. R. 6105), and Eco¬ nomic Stabilization Agency General Order No. 2 < 16 F. R. 738), this Supple¬ mentary Regulation 25 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 25 to Ceiling Price Regulation 34 permits an increase in ceiling prices for certain power laundry services and dry clean¬ ing services supplied by power laundries located in the City of Philadelphia, Pennsylvania. An increase in ceiling prices is also given to independent route- men and stores, known in the laundry and dry cleaning industry as “bob- tailers”, in order that customary dif¬ ferentials between classes of power laundry service purchasers may be main¬ tained. This supplementary regulation does not permit the increase to be ap¬ plied to the diaper supply and linen sup¬ ply services of such laundries. A study of the operating costs and profit margins of a representative num¬ ber of the power laundries in the City of Philadelphia, which provide 90 percent of the total sales of services furnished by these laundries amounting to an esti¬ mated $16,300,000 in 1951, reveals that increased labor and material costs have impaired the pre-Korean earnings of such laundries. In addition, new wage contracts entered into with labor unions representing the employees of these laundries resulted in substantial wage increases to all classes of workers. These wage increases are all within the formula of Wage Stabilization Board regula¬ tions or have received Wage Stabiliza¬ tion Board approval, with the result that earnings of these laundries will be further impaired. The price increase granted herein has been determined to be the minimum necessary to maintain the financial stability of these laundries in order to assure a continued supply of these essential services. The uniform increase' has been determined in accord¬ ance with the standards for individual adjustments under section 20 of Ceiling Price Regulation 34. Under- the provisions of this supple¬ mentary regulation, ceiling prices of such power laundries and bobtail sellers may be increased by 9 percent, such ad¬ justment to be applied to the total amount of each invoice rendered to the customer and identified as the “OPS permitted price increase." If this method is used to apply the amount of the increase, the seller need not make the supplementary filing required by sec¬ tion 18 (c) of Ceiling Price Regulation 34. At the option of the individual laundry and bobtailer, however, the flat ceiling price for each article may be increased by 9 percent. Adjusted flat ceiling prices must, within ten days after their determination, be filed with the ap¬ propriate Office of Price Stabilization district office as required by section 18 as amended of Ceiling Price Regulation 34. In the future, power laundries and bobtailers subject to this supplementary regulation may not obtain an adjust¬ ment of their ceiling prices for power laundry and dry cleaning services under section 20 of Ceiling Price Regulation 34. Any adjustment of ceiling prices under section 20 of Ceiling Price Regu¬ lation 34 heretofore granted is auto¬ matically revoked as of the effective date of this supplementary regulation. In the formulation of this supplemen¬ tary regulation, the Director has con¬ sulted insofar as practicable with rep¬ resentative suppliers of these services, including representatives of trade asso¬ ciations, and consideration has been given to their recommendations. In the judgment of the Director of Price Sta¬ bilization the increases permitted by this supplementary regulation are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Celling Price Regulation 34. 3. Adjustment of celling prices. 4. Application of section 20 of Celling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5 Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Supp. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 P. R. 6105, 3 CFR 1950 Supp. Section 1 . Purpose. This supplemen¬ tary regulation permits power laundries whose plants are located in the City of Philadelphia, Pennsylvania, to increase their ceiling prices for power laundry and dry cleaning services by 9 percent. It also permits bob-tail sellers of Ceiling Price Regula¬ tion 34 are hereby revoked, upon the effective date of this regulation. 85 Serv 32:2702 Sec. 5. Definitions, (a) <1) “Power laundry” or "power laundries" as used In this regulation are laundries which in the laundry trade are customarily known and designated as such, and do not include hand laundries, launderettes or laundries using home-type laundry equipment to supply laundry services. (2) “Bobtail sellers” as used in this regulation means a separate class of purchaser of power laundry and dry cleaning services, consisting of inde¬ pendent route men and stores, not em¬ ployed or owned by a power laundry, which purchases such power laundry and dry cleaning services from a power laundry at a discount and resells these services to its own customers at the same prices that the power laundry itself would have charged the same class of purchaser for the same services. Bob- tail sellers do not ordinarily engage in processing operations. Effective date. This supplementary regulation is effective November 10. 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act or 1942. Joseph H. Freehill. Acting Director of Price Stabilization. November 10. 1952. FILE following 85 Serv 32:2702 (12-18-52) 85 Serv 32:2703 Additional Power Laundries in the Philadelphia, Pa., Area (Amending Title and Secs. 1 and 3) OFFICE OF PRICE STABILIZATION Ceiling Price Regulation 34 Supplementary Regulation 25 Amendment 1 DECEMBER 18. 1952 WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter 111—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34, Arndt. 1 to Supplementary Regulation 25] CPR 34—Services SR 25— Power Laundries in Philadel¬ phia, Pennsylvania ADDITIONAL POWER LAUNDRIES IN THE PHILADELPHIA, PENNSYLVANIA AREA Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161, and Economic Stabilization Ageny General Order No. 2, this Amend¬ ment 1 to Supplementary Regulation 25 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS Supplementary Regulation 25 to Ceil¬ ing Price Regulation 34, issued Novem¬ ber 10, 1952 permitted an increase in ceiling prices for certain power laundry services and dry cleaning services sup¬ plied by power laundries located in the City of Philadelphia, Pennsylvania. An increase in ceiling prices was also given to independent routemen and stores, known in the laundry and dry cleaning industry as “bobtailers”, in order that customary differentials be¬ tween classes of power laundry service purchasers might be maintained. That supplementary regulation did not permit the increase to be applied to the diaper supply and linen supply services of such laundries. This amendment permits the same increase in ceiling prices for ad¬ ditional power laundries located in cer¬ tain other areas close to Philadelphia namely, Camden, Gloucester, and Bur¬ lington Counties, New Jersey and the City of Hammonton in Atlantic County, New Jersey. A study of the operating costs and profit margins of a representative num¬ ber of the power laundries in Camden, Gloucester, and Burlington Counties, New Jersey and the City of Hammonton in Atlantic County, New Jersey which provide 90 percent of the total sales of services furnished by these laundries amounting to an estimated $2,350,000 in 1951, reveals that increased labor and material costs have impaired the pre- Korean earnings of such laundries. In addition, new wage contracts entered into with labor unions representing the employees of these laundries resulted in substantial wage increases. These wage increases are all within the formula of Wage Stabilization Board regulations or have received Wage Stabilization Board approval, with the result that earnings of these laundries will be further im¬ paired. The price increase granted herein has been determined to be the minimum necessary to maintain the fi¬ nancial stability of these laundries in order to assure a continued supply of these essential services. The uniform in¬ crease has been determined in accord¬ ance with the standards for individual adjustments under Section 20 of Ceiling Price Regulation 34. All other considerations which were set forth in the Statement of Consid¬ erations to Supplementary Regulation 25 to Ceiling Price Regulation 34 are equally applicable to the power laun¬ dries located in the areas included in this amendment. In the formulation of this amend¬ ment, the Director has consulted inso¬ far as practicable with representative suppliers of these services, including rep¬ resentatives of trade associations, and consideration has been given to their recommendations. In the judgment of the Director of Price Stabilization the increases permitted by this amendment are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS Supplementary Regulation 25 to Ceil¬ ing Price Regulation 34 is amended in the following respects: 1. The title of Supplementary Regula¬ tion 25 is amended to read as set forth above. 2. Add the phrase “Camden, Glouces¬ ter and Burlington Counties, New Jer¬ sey and the City of Hammonton in At¬ lantic County, New Jersey,” after the words Philadelphia, Pennsylvania, wherever they appear in sections 1 and 3. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment is effective December 18, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. December 18, 1952. Ci FILE following 85 Serv 32:2703 (2-12-53) 85 Serv 32:2705 Additional Power Laundries in the Philadelphia, Pa., Area (Amending Title and Secs. 1 ahd 2) OFFICE OF PRICE STABILIZATION Ceiling Price Regulation 34 Supplementary Regulation 25 Amendment 2 FEBRUARY 12. 1953 WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency |Celling Price Regulation 34. Arndt. 2 to Supplementary Regulation 25 j CPR 34—Services su Ji - Power Laundries in Philadel¬ phia. Pennsylvania. Area ADDITIONAL POWER LAUNDRIES IN THE PHIL¬ ADELPHIA. PENNSYLVANIA. AREA Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161. and Economic Stabiliza¬ tion Agency General Order No. 2. this Amendment 2 to Supplementary Regu¬ lation 25 to Ceiling Price Regulation 34 is hereby issued STATEMENT OE CONSIDERATIONS Supplementary Regulation 25 to Ceil¬ ing Price Regulation 34. issued Novem¬ ber 10. 1952 permitted an increase in ceiling prices for certain power laundry- services and dry cleaning services sup¬ plied by power laundries located in the City it Philadelphia. Pennsylvania. An increase in ceiling prices was also given to independent routemen and stores, known in the laundry and dry cleaning industry as "bobtailers". in oraer that customary differentials between classes of power laundry service purchasers might "ce maintained. That supple¬ mentary regulation did net permit the increase to ue applied to the diaper sup¬ ply and linen supply services of such laundries. Amendment 1 to Supple¬ mentary Regulation 25. effective De¬ cember 18. 1952. extended the coverage of that supplementary regulation to in¬ clude power laundries located in cer¬ tain other areas close to Philadelphia namely, Camden. Gloucester, and Bur¬ lington Counties. New Jersey and the City of Hammonton in Atlantic County. New Jersey. This amendment permits the same 9 percent increase in ceiling prices for additional power laundries located in Delaware County. Pennsyl¬ vania (except the City of Ardmore'. These power laundries are in a competi¬ tive position with others previously cov¬ ered by Supplementary Regulation 25. A study of tne operating costs and profit margins of these power laundries which provide 83 percent of the total sales of services furnished by these laun¬ dries amounting to an estimated SI,150.- 000 reveals that increased labor and ma¬ terial costs have impaired the pre-Ko¬ rean earnings of such laundries. In ad¬ dition, substantia! wage increases with¬ in the formula of Wage Stabilization Board regulations have resulted in fur¬ ther impairment of earnings. The price increase granted herein has been deter¬ mined to be tne minimum necessary to maintain tne financial staoility of these laundries in oraer to assuie a continued supply of these essential services. The uniform increase has been determined in accoraance with the standards for in¬ dividual adjustments uncer Section 20 of Ceiling Price Regulation 34. Ah other considerations which were set forth in the Statement of Considera¬ tions to Supplementary Regulation 25 to Ceiling Price Regulation 34 are equally applicable to the power laundries located in the areas included in this amend¬ ment. In the formulation of this amendment, the Director has consulted insofar as practicable with representative suppliers of these services, including representa¬ tives of trade associations, and consid¬ eration has been given to their recom¬ mendations. In the judgment of the Di¬ rector of Price Stabilization th® increases permitted by this amendment are nec¬ essary to effectuate the purposes of Title IV of the Defense Production Act of 1950. as amended. AMENDATORY PROVISIONS Supplementary Regulation 25 to Ceil¬ ing Price Regulation 34 is amended as follows: 1. Insert after the w.ord "Philadel¬ phia'' and before the word "Pennsyl¬ vania". wherever they appear in sections 1 and 3. the phrase "and the County of Delaware 'except the City of Ardmore' ". 2. The title of Supplementary Regula¬ tion 25 as it appeared in Amendment 1 is corrected to read as follows: SR 25— Power Laundries In Philadelphia. Penn¬ sylvania. Area. i Sec. 7C4. 64 Stat. 816. as amended. 50 U. S. C. App. Sup. 2154» Effective date. This amendment is effective February 12. 1953. Joseph H. Fp.eehill. Director of Price Stabilization. February 12. 1953. -> :j l i \ v "i ’ . ’.i- > •, '.i/V . iW ■ ■ - . i~ ■ . "V • ■ ■' ■ ■ . -> • : ^motr , ■»■ > ■ ;; ... * ■ . ’ .1 ■ .. : ' ■ • ' - i •< < 0 , • ! ■ ■ ■ i :! H ■ ■ • > . : ■ :? . > . i-.* , . •i. • <’ ■ t iO • ‘ ; , - . 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STATEMENT OF CONSIDERATIONS This Supplementary Regulation to Ceiling Price Regulation 34 adapts ceil¬ ing price regulation of automotive and farm equipment repair services more closely to the operation of the automo¬ tive and farm equipment industry. Mapy sellers of automotive and farm equipment repair services also sell the type of commodities they service. There is no uniformity within the industry, however, in allocating overhead costs be¬ tween the services portion and the com¬ modity portion of such businesses. Some manufacturers of these commodi¬ ties recommend to thfeir dealers a method of allocating most overhead costs, but these recommended methods differ from one manufacturer to an¬ other, and the dealers of any particular manufacturer may differ among them¬ selves in their application of the recom¬ mended method. These differences in methods of allocation cause differences in reported earnings, which would be nearly the same if the same method of allocation had been used. The Direc¬ tor’s experience in processing applica¬ tions under section 20 (a) of CPR 34 is that where the seller is chiefly a seller of automotive and farm equipment, rather than primarily a seller of repair services on such commodities, the dif¬ ferences in methods of allocation cause distortions in the adjustments granted, and that a modification of section 20 (a), as applied to such sellers, is therefore required. This supplementary regula¬ tion provides such a modification. Since there is no basis uniformly used throughout the automotive and farm equipment industry for determining the earnings of dealers from the services por¬ tion of their businesses, this supple¬ mentary regulation employs, as a method of determining hardship in respect of their sales of automotive and farm equip¬ ment repair services, a ratio of labor sales to labor costs. This method utilizes the same category of labor costs and in¬ come from labor sales for all such dealers for all periods without reference to the commodity aspects of their businesses. In general this supplementary regulation employs this ratio of labor sales and labor costs as a basis on which it will grant adjustment of these service prices when the. dollar difference between the labor sales and labor cost, for the same volume, has declined but in determining the amount of adjustment, if any, that will be granted, OPS will consider all of the factors mentioned in section 20 (a) of Ceiling Price Regulation 34 which re¬ mains applicable to these service sellers except insofar as it is inconsistent with this supplementary regulation. The ad¬ justed ceiling prices of sellers whose rep¬ resentative period ends later than June 30, 1951, may not exceed the prevailing level of prices. Those sellers who were not in business before January 26,1951 and have no rep¬ resentative experience that could serve as a basis of adjusting their ceiling prices, but who have been in business at least three months are given the prevailing level of prices. Generally such sellers will be new sellers who have already been given approximately this level of prices as their ceiling prices for their services, and it is not anticipated that this pro¬ vision of this supplementary regulation will have wide application. This supplementary regulation also authorizes the service sellers to whom it applies to redetermine their ceiling prices for factory warranty services, on the automotive or farm equipment they sell, to enable them to recover their approxi¬ mate direct labor costs in supplying these services. Traditionally these services have been furnished on the basis of the direct labor costs involved in supplying them and it is, therefore, considered equitable to provide that these sellers shall be authorized to charge a ceiling price that will enable them to continue to recover these costs. This supplementary regulation pro¬ vides a new form of application for ad¬ justment and provides that such appli¬ cations must, in all cases, be filed in the OPS district offices. In the formulation of this supple¬ mentary regulation, there has been con¬ sultation with industry representatives including trade association representa¬ tives, to the extent practicable, and con¬ sideration has been given to their recom¬ mendations. In the judgment of the Director of Price Stabilization the pro¬ visions of this supplementary regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. What this supplementary regulation does. 2. Relationship to Celling Price Regulation 34. 3. Applicability. Sec. 4. Celling Price Adjustments. 6. Redetermination of your celling prices for factory warranty services. 6. Interpretations. 7. Definitions and explanations. Authoritt: Sections 1 to 7 Issued under sec. 704, 64 Stat. 816, as amended; 60 U. 8. C. App. 8up. 2164. Interpret or apply Title IV, 64 Stat. 803, as amended; 60 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9. 1960, 16 P. R. 6105; 3 CPR 1960 Supp. Section 1. What this supplementary regulation does. This supplementary regulation modifies the method of ad¬ justing the ceiling prices of certain sell¬ ers for automotive and farm equipment repair services under section 20 (a) of Ceiling Price Regulation 34. It specifies a new form to be used in applying fdr such adjustments and now in all cases requires that such applications must be filed in the OPS district offices. It also provides a means whereby the sellers to whom it applies may redetermine their ceiling prices for factory warranty services. Sec. 2. Relationship to Ceiling Price Regulation 34. Except for the changes made by this supplementary regulation, all provisions of Ceiling Price Regulation 34, as amended, including section 20 (a) remain in effect with respect to sellers subject to this supplementary regulation. Sec. 3. Applicability. This supple¬ mentary regulation applies to sellers of automotive and farm equipment repair services who also sell automotive or farm equipment, and whose dollar volume of customers labor sales (see section 7) was less than 50 percent of the total dollar volume of sales of their entire business during a representative period (see sec¬ tion 7), or if they were not in business before January 26, 1951, and have no representative period but have been in business more than three months, dur¬ ing the entire time they have been in business. Sec. 4. Ceiling price adjustments, (a) If this supplementary regulation applies to you, OPS will adjust your ceiling prices for automotive and farm equip¬ ment repair services upon a showing that they impair, to such an extent as to threaten the effective operation of your service business, your gross profit on customers labor sales (see section 7) in a representative period. In general, the amount of adjustment granted will be the amount necessary to give you the same dollar gross profit on customers labor sales as you had on the same vol¬ ume of such sales in your representative period. In determining, however, the extent of the adjustment, if any, that will be granted to you, OPS will consider the factors specified in section 20 (a) of Ceiling Price Regulation 34, as amended, insofar as they are applicable to your service business. If your representative 85 Sery 32:2802 period ends later than June 30, 1951, your adjusted ceiling prices may not ex¬ ceed the prevailing level of ceiling prices for the same services sold by the most similar class of sellers. (1) If you were not in business before January 26,1951, and have no represent¬ ative period (see section 7), but have been in business more than three months, OPS will adjust your ceiling prices for automotive and farm equipment repair services to the prevailing level of ceiling prices for the same services sold by the most similar class of sellers. (b) You must file your application for adjustment on OPS Public Form No. 154 in the OPS District Office for the OPS district in which your place of business is located. If you render services at more than one place of business, each place of business is a separate seller un¬ der this supplementary regulation and a separate application must be filed for each location at which you want your ceiling prices adjusted. In addition to the information required of you by OPS Public Form No. 154, OPS may request such additional information as may be found necessary in considering your ap¬ plication. If paragraph (a) (1) applies to you, you must file your application as requested in this paragraph. (c) If prior to November 12, 1952, you have filed an application for adjustment of your ceiling prices for automotive or farm equipment repair services on OPS Public Form No. 43, revised, and an ad¬ justment order has not been issued to you prior to December 2, 1952, you must reapply under this supplementary regu¬ lation on OPS Public Form No. 154. Sec. 5. Redetermination of your ceil¬ ing prices for factory warranty services. If you compute your ceiling prices for factory warranty services rendered on automotive or farm equipment, under CPR 34, as amended, by multiplying the actual time required to perform the work, or a time allowance specified in a flat rate manual, by a rate which is be¬ low the wage rate you pay your regular productive mechanics, you may use the current wage rate to redetermine your ceiling prices for such services. If you redetermine your ceiling prices for fac¬ tory warranty services under this section of this supplementary regulation, you must file a statement to that effect, in¬ cluding the wage rate you use in mak¬ ing the computation, with your OPS District Office before using your in¬ creased prices. Sec. 6. Interpretations. If you want an official Interpretation of this supple¬ mentary regulation or of OPS Public Form No. 154, you should write to the District Counsel of your OPS District Office. Any action taken by you in re¬ liance upon and in conformity with a written official interpretation will con¬ stitute action in good faith pursuant to this supplementary regulation. Further information on obtaining official inter¬ pretations is contained in Price Pro¬ cedural Regulation 1, as revised. Sec. 7. Definitions and explanations. (a) When used in this supplementary regulation : (1) “Automotive equipment” means any self-propelled vehicle, except rail¬ road equipment, operated on land as dis¬ tinguished from on water or in the air. (2) “Cost of customers labor sales” refers to the total wages you paid for the direct labor which produced the cus¬ tomers labor sales. It includes fringe benefits which are calculated as a per¬ centage of payrolls and it may include certain supplies such as paint or grease which are consumed in producing the services sold to the customers. It does not include cost of parts; wages you paid for “come back” work for which you made no charge to your customers; wages paid to perform factory warranty work; wages paid for work on your own new or used automotive and farm equip¬ ment, buildings, or other property; or any wages you paid for any other pur¬ pose than to pay for direct labor involved in customers labor sales. (3) “Customers labor sales” means your sales to customers of labor on auto¬ motive or farm equipment, excluding charges for parts, and including among other customers labor sales the fol¬ lowing: (i) Body repair, if the work was per¬ formed by your own employees; (ii) Paint work, if the work was per¬ formed by your own employees; (ill) Lubrication services (not in¬ cluding oil changes); (iv) Washing and polishing; (v) Tire service (not including tire sales); (vi) Undercoating, if the work was performed by your own employees. “Customers labor sales” does not in¬ clude any amount for factory warranty work; for work on your own new or used automotive and farm equipment, buildings, or other property; or any amount that does not represent a change to a customer for work done for him by you or your employees on auto¬ motive or farm equipment. (4) “Farm equipment” means any equipment with moving parts, drawn by animals or automotive vehicles, used on a farm. (5) “Factory warranty services” means work performed for a manufac¬ turer of automotive or farm equipment by one of his authorized dealers, to com¬ ply with the manufacturer’s warranty on such equipment. (6) “Gross profit on labor sales” means the difference between your cus¬ tomers labor sales and your cost of cus¬ tomers labor sales. (7) “Productive mechanic” or “pro¬ ductive employee” means an employee whose direct labor is involved in cus¬ tomers labor sales. (8) “Representative period” means the first twelve months after December 31, 1948, of the operation of a business that has been operating at least 24 months prior to the date you file your application for adjustment under this supplementary regulation, regardless of whether it was operated by you or your predecessor. If during the twelve month period your business was serious¬ ly affected by flood, strike, fire or some other unusual occurrence, OPS may de¬ termine that the period is not repre¬ sentative for your business in which case OPS will also determine what period, if any, is representative. (9) “Sales of the entire business” means total sales of automotive and farm equipment commodities and serv¬ ices and all other commodities and serv¬ ices. Effective date. This supplementary regulation shall become effective No¬ vember 12, 1952. Note: The record-keeping and reporting requirements of this supplementary regula¬ tion have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Tighe E. Woods, Director of Price Stabilization. November 7, 1952. FILE following 85 Serv 32:2802 (12-11-52) 85 Serv 32:2803 Correction Ceiling Price Regulation 34 Supplementary Regulation 26 Correction DECEMBER 11, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Celling Price Regulation 34. Corr. to Sup¬ plementary Regulation 261 CPR 34—Services SR 26—Ceiling Prices of Certain Sell¬ ers of Automotive and Farm Equip¬ ment Repair Services CORRECTION Due to a typographical error, section 7 »a> <3 i of Supplementary Regulation 26 to Ceiling Price Regulation 34 needs to be and is hereby, corrected to delete the word “change” in the seventh line of the last sentence thereof and to sub¬ stitute therefor the word “charge”, and as corrected reads as follows: (3> “Customers labor sales” means your sales to customers of labor on auto¬ motive or farm equipment, excluding charges for parts, and including among other customers labor sales the follow¬ ing: Body repair, if the work was per¬ formed by your own employees; (ii) Paint work, if the work was per¬ formed by your own employees; Tire service (not including tire sales); (vi > Undercoating, if the work was performed by your own employees. “Customers labor sales” does not include any amount for factory warranty work; for work on your own new or used auto¬ motive and farm equipment, buildings, or other property; or any amount that does not represent a charge to a customer for work done for him by you dr your employees on automotive or farm equip¬ ment. Joseph H. Freehill. Acting Director of Price Stabilization. December 11, 1952. - ’ • ' ' FILE following 85 Serv 32:2802 (11-12-52) 85 Serv 32:2901 Dry Cleaning in Ceiling Price Regulation 34 Milwaukee County, Wisconsin Supplementary Regulation 27 NOVEMBER 7, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Supplementary Regulation 27] CPR 34—Services SR 27—DRY CLEANING IN MILWAUKEE COUNTY, WISCONSIN Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161. and Economic Stabilization Agency General Order No. 2, this Sup¬ plementary Regulation to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation to Ceiling Price Regulation 34 permits an increase in ceiling prices for dry clean¬ ing services furnished at wholesale and retail by sellers located in Milwaukee County, Wisconsin. A previous ceiling price increase granted to power laun¬ dries in Milwaukee County did not in¬ clude dry cleaning services. An OPS study of the operating costs and profit margins of 25 firms doing ap¬ proximately 90 percent of both the wholesale and retail dry cleaning busi¬ ness in Milwaukee County, Wisconsin, which amounted to $6,000,000 in 1951, reveals that increased labor and mate¬ rial costs incurred since the Ceiling Price Regulation 34 base period (December 19, 1950, to January 25, 1951, inclusive) have impaired the pre-Korean earnings of such dry cleaning service sellers. The action taken herein gives effect to the standards for individual price ad¬ justment contained in section 20 (a) of Ceiling Price Regulation 34 and permits the minimum increase necessary to maintain the financial stability of these dry cleaning service sellers and assure continued supply of these essential services. Under the provisions of this supple¬ mentary regulation, Ceiling Price Regu¬ lation 34 ceiling prices of sellers of dry cleaning services may be increased by a stated amount. Since OPS has the pre¬ vious price filings of these sellers in its possession, the supplementary filing re¬ quired by section 18 (c) of Ceiling Price Regulation 34 is not considered to be necessary and is therefore excused, thereby easing the administrative burden of these service sellers and of the OPS. In the future, sellers subject to this supplementary regulation may not ob¬ tain an adjustment of their ceiling prices for dry cleaning services at wholesale and retail under section 20 of Ceiling Price Regulation 34. Any adjustment of ceiling prices under section 20 of Ceiling Price Regulation 34 heretofore granted is automatically revoked as of the effective date of this supplementary regulation. In the formulation of this supple¬ mentary regulation, the Director has consulted insofar as practicable with representative suppliers of these serv¬ ices, including representatives of trade associations, and consideration has been given to their recommendations. In the judgment of the Director of Price Sta¬ bilization the increases permitted by this supplementary regulation are neces¬ sary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Ceiling Price Regulation 34. 3. Adjustment of Ceiling Prices. 4. Application of section 20 of Ceiling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5 Issued under sec. 704, 64 Stat. 816. as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 P. R. 6105, 3 CFR 1950 Sup. Section 1. Purpose. This supple¬ mentary regulation permits sellers of dry cleaning services furnished at wholesale and retail located in Milwaukee County, Wisconsin, to increase their ceiling prices for wholesale and retail dry clean¬ ing services in the manner provided in section 3. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, except as affected by the provisions of this supplementary regulation shall remain in effect. How¬ ever, you need not make the supple¬ mentary filing required by section 18 (c) of Ceiling Price Regulation 34. Sec. 3. Adjustment of Ceiling Prices. You may, to the extent you supply dry cleaning services at wholesale or retail from locations in Milwaukee County, Wisconsin, increase your ceiling prices for the dry cleaning services thus sup plied as follows: Increase at wholesale Increase at retail Suits__ $0.05 $0. 10 Dresses.. ... .05 . 10 Ladies’ coats_ .05 10 Topcoats_ .05 . 10 Sec. 4. Application of section 20 of Ceiling Price Regulation 34. No seller of dry cleaning services at wholesale or re¬ tail subject to this supplementary regu¬ lation may, after the effective date of this regulation, obtain an increase in his ceiling prices for such dry cleaning serv¬ ices under either section 20 (a), 20 or 20 (c) of Ceiling Price Regulation 34. All orders establishing ceiling prices of any seller of dry cleaning services sub¬ ject to this supplementary regulation issued under either section 20 (a), 20 (b) or 20 (c) of Ceiling Price Regulation 34 are hereby revoked, upon the effective date of this regulation. Sec. 5. Definitions, (a) As used in this supplementary regulation the term: (I) “Dry cleaning services” means services rendered in the cleaning of gar¬ ments primarily with fluids other than water. When rendered at retail, dry cleaning services includes pressing or fin¬ ishing the garment. When rendered at wholesale, finishing is usually specified if the garment is to be pressed. (1) “Cleaning” means the dry cleaning of a garment or item, including the spot¬ ting thereof. (ii) “Finishing” means the pressing of a garment or item. (2) “Wholesale” refers to the sale for resale to the ultimate consumer of dry cleaning services to tailor shops, valets, hotels and retail outlets. It also includes sales to commercial, industrial, institu¬ tional or governmental users. (3) “Retail” refers to the sale of dry cleaning services directly to the ultimate consumer except commercial, industrial, institutional and governmental users. Effective date. This Supplementary Regulation 27 to Ceiling Price Regula¬ tion 34 shall become effective Novem¬ ber 7, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. November 7, 1952. ' >: f . • ii*f I ' f . ■ . | \ FILE following 85 Serv 32:2901 (11-13-52) 85 Serv 32:3001 Dry Cleaning in Cook County, Illinois Ceiling Price Regulation 34 Supplementary Regulation 28 NOVEMBER 7, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Celling Price Regulation 34, Supplementary Regulation 28] CPR 34—Services SR 2 8—DRY CLEANING IN COOK COUNTY, ILLINOIS Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Sup¬ plementary Regulation 28 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 28 to Ceiling Price Regulation 34 permits an increase in ceiling prices for dry clean¬ ing services furnished at wholesale and retail by sellers located in Cook County, Illinois. A previous ceiling price in¬ crease granted to power laundries in Cook County did not include dry clean¬ ing services. An OPS study of the operating costs and profit margins of a representative number of dry cleaning service sellers in Cook County, Illinois, accounting for ap¬ proximately 75 percent of the total volume of sales of these services, which amounted to $20,000,000 in 1951, reveals that increased labor and material costs incurred since the Ceiling Price Regu¬ lation 34 base period (December 19, 1950 to January 25, 1951, inclusive) have im¬ paired the pre-Korean earnings of such dry cleaning service sellers. The action taken herein gives effect to the standards for individual price adjustment contained in section 20 (a) of Ceiling Price Regulation 34 and per¬ mits the minimum increase necessary to maintain the financial stability of these dry cleaning service sellers and assure continued supply of these essential services. Under the provisions of this supple¬ mentary regulation, Ceiling Price Regu¬ lation 34 ceiling prices of sellers of dry cleaning services may be increased by a stated amount. Since OPS has the previous price filings of these sellers in its possession, the supplementary filing required by section 18 (c) of Ceiling Price Regulation 34 is not considered to be necessary and is therefore excused, thereby easing the administrative bur¬ den of these service sellers and of the OPS. In the future, sellers subject to this supplementary regulation may not ob¬ tain an adjustment of their ceiling prices for dry cleaning services at wholesale and retail under section 20 of Ceiling Price Regulation 34. Any adjustment of ceiling prices under section 20 of Ceiling Price Regulation 34 heretofore granted is automatically revoked as of the effec¬ tive date of this supplementary regula¬ tion. In the formulation of this supple¬ mentary regulation, the Director has consulted insofar as practicable with representative suppliers of these services, including representatives of trade asso¬ ciations, and consideration has been given to their recommendations. In the judgment of the Director of Price Stabili¬ zation the increases permitted by this supplementary regulation are necessary to effectuate the purpose of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Celling Price Regulation 34. 3. Adjustment of Celling Prices. 4. Application of section 20 of Celling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5 Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105, 3 CFR 1950 Sup. Section 1. Purpose. This supplemen¬ tary regulation permits sellers of dry cleaning services furnished at wholesale and retail located in Cook County, Illi¬ nois, to increase their ceiling prices for wholesale and retail dry cleaning services in the manner provided in section 3. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, except as affected by the provisions of this supplementary regulation shall remain in effect. How¬ ever, you need not make the supplemen¬ tary filing required by section 18 (c) of Ceiling Price Regulation 34. Sec. 3, Adjustment of Ceiling Prices. You may, to the extent you supply dry cleaning services at wholesale or retail from locations in Cook County, Illinois, increase your ceiling prices for the dry cleaning services thus supplied as fol¬ lows: Increase at wholesale Increase at retail Suits. .. $0.05 .05 .05 .025 $0.10 . 10 . 10 .05 Dresses.... Ladies’ coats. Trousers. Sec. 4. Application of section 20 of Ceiling Price Regulation 34. No seller of dry cleaning services at wholesale or re¬ tail subject to this supplementary regu¬ lation may, after the effective date of this regulation, obtain an increase in his ceiling prices for such dry cleaning serv¬ ices under either section 20 (a), 20 (b) or 20 (c) of Ceiling Price Regulation 34. All orders establishing ceiling prices of any seller of dry cleaning services sub¬ ject to this supplementary regulation issued under either section 20 (a), 20 (b) or 20 (c) of Ceiling Price Regulation 34 are hereby revoked, upon the effective date of this regulation. Sec. 5. Definitions, (a) As used in this supplementary regulation the term: (1) “Dry cleaning services” means services rendered in the cleaning of gar¬ ments primarily with fluids other than water. When rendered at retail, dry cleaning services includes pressing or fin¬ ishing the garment. When rendered at wholesale, finishing is usually specified if the garment is to be pressed. (1) “Cleaning” means the dry clean¬ ing of a garment or item, including the spotting thereof. (ii) “Finishing” means the pressing of a garment or item. (2) “Wholesale” refers to the sale for resale to the ultimate consumer of dry cleaning services to tailor shops, valets, hotels and retail outlets. It also includes sales to commercial, industrial, institu¬ tional or governmental users. (3) “Retail” refers to the sale of dry cleaning services directly to the ultimate consumer, except commercial, industrial, institutional and governmental users. Effective date. This Supplementary Regulation 28 to Ceiling Price Regula¬ tion 34 shall become effective Novem¬ ber 7, 1952. Joseph H. Free hill. Acting Director of Price Stabilization. November 7, 1952. IO»TA 331?? I HO 3D >!3AW ■:*•. 'tt •'■ • . ’1‘. - , ' ■ ■ I • '> -■ V »#v rtl-i.H . .S3 Yd? H , toO ■■ . r ■•; E - rt) 1 •• 9 - •. •. • ' . ■ 1 :. - - : ’ l J .. r. • ... ,i. r ,f ■ . , k • ?, >W . .j:- t! < . .9- -- .5- 'VD- id J; /v- / &3JTIT \ »r >1 : 9 >H > lu 8tc >X' > Yi •*■. «| ?>d arfj ;/ iyjrjcit**! . 1'9 r »i : t-rO I • ft 3VIC » • t*. : ax b,f' i. fv> >■-• o e* "• I ■ < • vr . ' i .3 * .••!•• Iw >*Hdr 'J’lii S *nt fc .»• (V FILE following 85 Serv 32:3001 (11-18-52) 85 Serv 32:3101 Ceiling Price Regulation 34 Supplementary Regulation 29 NOVEMBER 18, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON Power Laundries in the City of Spokane, Washington TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Supplementary Regulation 29] CPR 34— Services SR 29—POWER LAUNDRIES IN THE CITY OF SPOKANE, WASHINGTON Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Supplementary Regulation to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation to Ceiling Price Regulation 34 permits an increase in ceiling prices of power laun¬ dry services supplied by power laundries in the City of Spokane, Washington. This supplementary regulation does not permit the increase to be applied to the diaper supply, linen supply and dry cleaning services of such laundries. For the past two years the earnings of Spokane suppliers of power laundry serv¬ ices have been decreasing, despite an in¬ crease in the volume of sales. Wage in¬ creases and sharply increased costs in the latter part of 1950 and in 1951 have brought the average earnings in this area not only below normal earnings, but even below the break-even point. Under the provisions of this supple¬ mentary regulation, ceiling prices of such power laundries may be increased by 5 percent, such adjustment to be ap¬ plied to the total amount of each in¬ voice rendered to the customer and iden¬ tified as the “OPS permitted price in¬ crease”, or, at the option of the indi¬ vidual laundry, the established flat price for each article may be increased 5 per¬ cent. The adjusted flat price must with¬ in ten days after their determination be filed with the appropriate Office of Price Stabilization district office. Provision is made to retain such serv¬ ices under Ceiling Price Regulation 34, provided, however, that power laundries subject to this supplementary regula¬ tion may not, after the effective date of this supplementary regulation, obtain an adjustment of their ceiling prices un¬ der sections 20 (a), (b) or (c) of that regulation. In addition, adjustments previously granted under those sections are automatically revoked as of the ef¬ fective date of this supplementary regu¬ lation. In the judgment of the Director of Price Stabilization the price increases permitted by this supplementary regula¬ tion are the minimum needed to permit the continued supply of this service. In the formulation of this supplemen¬ tary regulation, the Director has con¬ sulted insofar as practicable with repre¬ sentative suppliers of these services, in¬ cluding representatives of trade associa¬ tions, and consideration has been given to their recommendations. In the judg¬ ment of the Director of Price Stabiliza¬ tion the increases permitted by this sup¬ plementary regulation are generally fair and equitable and are necessary to effec¬ tuate the purposes of Title IV of the De¬ fense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Ceiling Price Regulation 34. 3. Adjustment of ceiling prices. 4. Application of section 20 of Ceiling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5 issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply title IV. 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 P. R. 6105; 3 CFR 1950 Supp. Section 1. Purpose. This supplemen¬ tary regulation permits power laundries in the City of Spokane, Washington to increase the ceiling prices of their power laundry services by 5 percent. This sup¬ plementary regulation shall not apply to the diaper supply, linen supply and dry cleaning services of power laundries. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, unless changed by the provisions of this supple¬ mentary regulation as provided in sec¬ tions 3 and 4 of this regulation, remain in effect. Sec. 3. Adjustment of ceiling prices. You may, to the extent you supply power laundry services in the City of Spokane, Washington increase your ceiling prices by 5 percent for power laundry services, except diaper supply, linen supply and dry cleaning services, thus supplied, by either of the following methods: (a) You may apply such an adjust¬ ment to the total amount of each in¬ voice rendered to the customer, pro¬ vided you shall clearly write or stamp beside the adjustment on each such in¬ voice the words "OPS permitted price in¬ crease.” If you use this method of ap¬ plying your price increase you need not make the supplementary filing required by section 18 (c) of Ceiling Price Regula¬ tion 34. (b) You may, in lieu of the method provided in paragraph (a) of this sec¬ tion, increase by 5 percent the flat prices of each power laundry services article, except a diaper supply, linen supply and dry cleaning services article. Within ten days after your prices are established under this paragraph, you must prepare and file with your district office of the Office of Price Stabilization a supple¬ mental statement as required under sec¬ tion 18 of Ceiling Price Regulation 34. You may not establish prices under para¬ graph (a) of this section once you have elected to establish prices under this paragraph. (c) If the increase computed in para¬ graphs (a) or (b) of this section results in a fraction of a cent, the ceiling price must be decreased to the next lower cent if the fractional cent is less than one- half cent, or may be increased to the next higher cent if the fraction is one- half cent or more. Sec. 4. Application of section 20 of Ceiling Price Regulation 34. (a) A seller subject to this supplementary regulation may not, after the effective date of this supplementary regulation, apply for an adjustment of any of his ceiling prices for power laundry services except diaper supply, linen supply and dry cleaning services under section 20 of Ceiling Price Regulation 34, as amended. (b) The adjustment of ceiling prices granted by section 3 of this supplemen¬ tary regulation shall be the maximum adjustment permitted any such supplier of power laundry services in lieu of, and irrespective of, any adjustment hereto¬ fore granted any such supplier under the provisions of Ceiling Price Regulation 34, as amended. Any order adjusting the ceiling prices of any such supplier’s power laundry services under section 20 of Ceiling Price Regulation 34, as amended, is hereby revoked as of the effective date of this supplementary regulation. Sec. 5. Definitions, (a) “Power laun¬ dry” or “power laundries” as used in this regulation are laundries which in the laundry trade are customarily known and designated as such, and do not include hand laundries, launderettes or laundries using home-type laundry equipment to supply laundry services. Effective date. This order shall be¬ come effective November 22, 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Tighe E. Woods, Director of Price Stabilization. November 18, 1952. ■ . ' • .) ‘ : ■ FILE following 85 Serv 32:3101 (11-20-52) 85 Serv 32:3201 Emergency Car Washing Services in Texas Ceiling Price Regulation 34 Supplementary Regulation 30 NOVEMBER 17, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 34. Supplementary Regulation 30 ] CPR 34—Services SR 30 -AUTOMOBILE AND VEHICLE WASHING SERVICES IN TEXAS Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Supplementary Regulation 30 to Ceiling Price Regula¬ tion 34, is hereby issued. STATEMENT OF CONSIDERATIONS This action is an emergency action de¬ signed to relieve severe financial hard¬ ship now being suffered by various serv¬ ice establishments in providing car washing services in Texas communities which arise from the serious drought conditions existing in that state. Information received in this office indicates that due to shortages of water resulting from the drought, municipali¬ ties have adopted, or are considering the adoption, of emergency ordinances which prohibit automobile washing establish¬ ments and service stations from using water obtained from municipal water distribution systems to wash automobiles and other vehicles. As a result such service establishments have been forced to dig wells, haul water in, install equip¬ ment to reclaim water, to buy water from peddlers, and install pressure equipment. The action permits suppliers of car washing services to increase the ceiling prices established under Ceiling Price Regulation 34 by 25 cents per car. The amount of this increase is approx¬ imately the adjustment which would be granted upon individual applications for adjustment under the provisions of sec¬ tion 20 (a) of Ceiling Price Regulation 34. However, the data available is too incomplete to permit adjustments on an individual or area basis except for a temporary period. In any event, the conditions which would justify such ad¬ justments at this time are of a temporary nature, which it is anticipated may be alleviated within three months. The increased charges may be made for a period of 90 days from the effective date of the regulation, unless that time is extended or shortened by further action by the Director of Price Stabilization. In view of the emergency nature of this supplementary regulation circum¬ stances have rendered consultation with industry representatives, including trade association representatives, impracti¬ cable. REGULATORY PROVISIONS Sec. 1. What this regulation does. 2. Where this supplementary regulation applies. 3. Eligibility to use the Increase permitted by this supplementary regulation. 4. Amount of emergency Increase. 5. Records. 6. Termination. Authority : Sections 1 through 6 Issued un¬ der Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9. 1950, 15 F. R. 6105; 3 CFR, 1950 Supp. Section 1. What this regulation does. This regulation authorizes a temporary emergency increase in ceiling prices for sellers of the service of washing auto¬ mobiles and other vehicles in certain drought-stricken areas in Texas. Sec. 2. Where this supplementary reg¬ ulation applies. This supplementary regulation applies only in locations in the State of Texas which have adopted" emergency municipal ordinances which prohibit the use of water for the purpose of washing automobiles and other vehi¬ cles with water obtained from a water distribution system regularly supplying water to such municipalities. Sec. 3. Eligibility to use the increase permitted by this Supplementary Regu¬ lation. You may increase your ceiling price for washing automobiles and other vehicles, if you meet all of the following conditions: (a) You must have normally since January 25, 1951, taken water which you use to wash automobiles and other vehi¬ cles from a water distribution system which regularly supplies water to a mu¬ nicipality in the State of Texas whose governing body has recently adopted an emergency ordinance prohibiting the use of water for such purpose. (b> In order to be able to continue washing automobiles and other vehicles, you must have incurred substantial ad¬ ditional expense, which you would not have incurred if you had not been pro¬ hibited by the action of the municipal authorities from using water for that purpose, such as drilling a well, hauling water, or providing additional equip¬ ment such as pumps, water storage tanks, etc. (c) You must have filed your ceiling price for washing automobiles and other vehicles with your local OPS Office in accordance with section 18 of Ceiling Price Regulation 34. Sec. 4. Amount of emergency increase. If you meet the eligibility requirements of section 3 of this supplementary reg¬ ulation, you may increase your legally established OPS ceiling price for wash¬ ing automobiles and other vehicles by 25 cents per vehicle. Sec. 5. Termination. This supplemen¬ tary regulation is effective immediately. However, the increase in your ceiling prices permitted by section 4 of this sup¬ plementary regulation may be charged until February 16, 1953, unless this sup¬ plementary regulation is revoked prior to that date, or the time is further ex¬ tended by the action of the Director. Upon the expiration of this supplemen¬ tary regulation, or prior termination or upon the expiration of any extension thereof, you must revert to your ceiling prices established under Ceiling Price Regulation 34, as amended, for the serv¬ ice of washing automobiles and other vehicles. If you elect to use this regu¬ lation, all provisions of Ceiling Price Regulation 34, as amended, except to the extent they ere inconsistent with the provisions of this supplementary reg¬ ulation remain applicable to you. Effective date. This supplementary regulation to Ceiling Price Regulation 34 is effective November 17, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. November 17, 1952. t V. ( FILE following 85 Serv 32:3201 (12-18-52) 85 Serv 32:3301 Linen Supply Services in City of Philadelphia, Pa. Ceiling Price Regulation 34 Supplementary Regulation 31 DECEMBER 18, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Supplementary Regulation 31] CPR 34— Services SR 3 1-LINEN SUPPLY SERVICES IN THE CITY OF PHILADELPHIA, PENNSYLVANIA Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 and Economic Stabilization Agency General Order No. 2, this Sup¬ plementary Regulation 31 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 31 to Ceiling Price Regulation 34 permits an increase in the ceiling prices of linen supply services furnished by linen sup¬ pliers in the City of Philadelphia, Penn¬ sylvania. Increased costs of operation resulting from wage increases, replacement of worn out, obsolete equipment, and higher costs of materials used in proc¬ essing have decreased the earnings of these suppliers and caused a substantial financial hardship to them. Certain of these linen suppliers also employ the services of power laundries in processing their fabrics. The ceiling prices of power laundries in the City of Phila¬ delphia, Pennsylvania, have been in¬ creased by 9 percent under Supplemen¬ tary Regulation 25 to Ceiling Price Reg¬ ulation 34, increasing the costs incurred by those linen suppliers utilizing the services of such power laundries. Under the provisions of this supple¬ mentary regulation, ceiling prices of linen suppliers in the City of Phila¬ delphia, Pennsylvania, may be increased by 7 percent, such adjustment to be ap¬ plied to the total amount of each invoice rendered to the customer and identified as the "OPS permitted price increase”, or, at the option of the individual linen supplier, the established flat price for each article may be increased 7 percent. The adjusted flat price must, within ten days after determination, be filed with the appropriate Office of Price Stabiliza¬ tion District Office as required by section 18 of Ceiling Price Regulation 34, as amended. The uniform increase has been deter¬ mined in accordance with the standards for individual adjustments under section 20 of Ceiling Price Regulation 34, as amended. Linen suppliers subject to this supple¬ mentary regulation may not, after the effective date of this supplementary reg¬ ulation, obtain an adjustment of their ceiling prices under section 20 of Ceil¬ ing Price Regulation 34, as amended. In addition, adjustments previously granted under that section are auto¬ matically revoked upon the effective date of this supplementary regulation. In the formulation of this supple¬ mentary regulation, the Director has consulted insofar as practicable with representative suppliers of these services, including representatives of trade asso¬ ciations, and consideration has been giv¬ en to their recommendations. In the judgment of the Director of Price Stabi¬ lization the increases permitted by this supplementary regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Celling Price Regulation 34. 3. Adjustment of celling prices. 4. Application of section 20 of Celling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5, Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Supp. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 P. R. 6105, 3 CFR 1950 Supp. Section 1. Purpose. This supplemen¬ tary regulation permits linen suppliers located in the City of Philadelphia, Pennsylvania to increase the ceiling prices of their linen supply services by 7 percent. This supplementary regula¬ tion shall not apply to any other services supplied by such linen suppliers. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceil¬ ing Price Regulation 34, as amended, ex¬ cept as affected by the provisions of this supplementary regulation, shall remain in effect. Sec. 3. Adjustment of ceiling prices. You may, to the extent you furnish linen supply services from locations in the City of Philadelphia, Pennsylvania, increase your ceiling prices by 7 percent for linen supply services thus supplied by either of the following methods: (a) You may apply such adjustment to the total amount of each invoice ren¬ dered to the customer, provided you shall clearly write or stamp beside the ad¬ justment on each invoice the words "OPS permitted price increase”. If you use this method of applying your price increase you need not make the supple¬ mentary filing required by Section 18 (c) of Ceiling Price Regulation 34, as amended. (b) You may in lieu of the method provided in paragraph (a) of this sec¬ tion, increase by 7 percent the flat price of each linen supply service article. You may not establish prices under para¬ graph (a) of this section once you have elected to establish prices under this paragraph. Within ten days after your prices are established under this para¬ graph, you must prepare and file with your district office of the Office of Price Stabilization a supplemental statement as required by section 18 of Ceiling Price Regulation 34. You may not establish prices under paragraph (a) of this sec¬ tion once you have elected to establish prices under this paragraph. (c) If the increase calculated in para¬ graphs (a) and (b) of this section results in a fraction of a cent, the ceiling price must be decreased to the next lower cent if the fractional cent is less than one- half cent, or may be increased to the next higher cent if the fraction is one-half cent or more. Sec. 4. Application of section 20 of Ceiling Price Regulation 34. (a) No seller of linen supply services subject to this supplementary regulation, may, af¬ ter the effective date of this regulation, apply for an adjustment of any of his ceiling prices for linen supply services under section 20 of Ceiling Price Regu¬ lation 34, as amended. All orders estab¬ lishing ceiling prices of any seller of linen supply services subject to this supplementary regulation issued under either section 20 (a), (b) or (c) of Ceiling Price Regulation 34, as amended, are hereby revoked, upon the effective date of this regulation. Sec. 5. Definitions, (a) As used in this supplementary regulation the term: (1) “Linen supply services” means the supplying to others, on a rental basis, of clean, laundered linen or garments by the owner of these items. The term “linen”, as used in this definition, is not confined to articles made of linen textiles, but includes articles consisting of any fabric which are commonly laundered as distinguished from being dry cleaned. Effective date. This supplementary regulation is effective December 18, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. December 18, 1952. 0 ‘ • ■ ' - ( ■ ■' ■ - . ' . FILE following 85 Serv 32:3301 (12-18-52) 85 Serv 32:3401 Diaper Supply Services in Philadelphia and Delaware Counties, Pennsylvania, and Camden County, New Jersey Ceiling Price Regulation 34 Supplementary Regulation 32 DECEMBER 18. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Srabiliza- tion, Economic Stabilization Agency [Celling Price Regulation 34, Supplementary Regulation 321 CPR 34 —Services SR 32-DIAPER SUPPLY SERVICES IN PHILA¬ DELPHIA AND DELAWARE COUNTIES, PENN¬ SYLVANIA, AND CAMDEN COUNTY, NEW JERSEY Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161 and Economic Stabilization Agency General Order No. 2, this Supplemen¬ tary Regulation 32 to Ceiling Price Reg¬ ulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 32 to Ceiling Price Regulation 34 permits an increase in the ceiling prices of the diaper supply services furnished by re¬ tail diaper suppliers in Philadelphia and Delaware Counties, Pennsylvania and Camden County, New Jersey- Sharply increased costs of materials and supplies together with wage in¬ creases recently granted with Wage Sta¬ bilization Board approval have made repair and replacement of worn out and obsolete equipment virtually impossible. These factors have resulted in substan¬ tial financial hardship to these diaper service suppliers. Also, certain of these diaper service suppliers employ the serv¬ ices of power laundries in processing their fabrics. The ceiling prices of power laundries in Philadelphia, Penn¬ sylvania have been increased by 9 per¬ cent, increasing the costs incurred by those diaper service suppliers using the services of power laundries. Under the provisions of this supple¬ mentary regulation, ceiling prices of diaper service suppliers in Philadelphia and Delaware Counties, Pennsylvania and Camden County, New Jersey may be increased by 5 percent, such adjust¬ ment to be applied to the total amount of each invoice rendered to the customer and identified as the “OPS permitted price increase,” or, at the option of the individual diaper service supplier, the established flat price for each article may be increased 5 percent. The ad¬ justed flat price must, within ten days after determination, be filed with the appropriate Office of Price Stabilization District Office. Provision is made to retain such serv¬ ices under Ceiling Price Regulation 34, provided however, that diaper service suppliers subject to this supplementary regulation may not, after the effective date of this supplementary regulation, obtain an adjustment of their ceiling prices under section 20 of Ceiling Price Regulation 34, as amended. In addition, adjustments previously granted under that section are automatically revoked as of the effective date of this supple¬ mentary regulation. In the formulation of this supplemen¬ tary regulation, the Director has con¬ sulted insofar as practicable with rep¬ resentative suppliers of these services including representatives of trade associ¬ ations, and consideration has been given to their recommendations. In the judg¬ ment of the Director of Price Stabiliza¬ tion the increases permitted by this sup¬ plementary regulation are generally fair and equitable and are necessary to effec¬ tuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Celling Price Regulation 34. 3. Adjustment of ceiling prices. 4. Application of section 20 of Ceiling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5, issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Supp. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105, 3 CFR 1950 Supp. Section 1. Purpose. This supplemen¬ tary regulation permits diaper service suppliers in Philadelphia and Delaware Counties, Pennsylvania, and Camden County, New Jersey to increase the ceil¬ ing prices of their retail diaper supply services by 5 percent, in the manner provided in section 3. This supplemen¬ tary regulation shall not apply to any other services supplied by such diaper service suppliers. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, except as affected by the provisions of this sup¬ plementary regulation, shall remain in effect. Sec. 3. Adjustment of ceiling prices. You may, to the extent you furnish di¬ aper supply services at retail from loca¬ tions in Philadelphia and Delaware Counties, Pennsylvania and Camden County, New Jersey, increase your ceil¬ ing prices by 5 percent for diaper supply services thus supplied by either of the following methods: (a) You may apply such an adjust¬ ment to the total amount of each invoice rendered to the customer, provided you shall clearly write or stamp beside the adjustment on each invoice the words “OPS permitted price increase”. If you use this method of applying your price increase you need not make the supple¬ mentary filing required by section 18 (c) of Ceiling Price Regulation 34. (b> You may, in lieu of the method provided in paragraph (a) of this sec¬ tion, increase by 5 percent the flat price of each diaper supply service article. Within ten days after your prices are established under this paragraph, you must prepare and file with your district office of Office of Price Stabilization a supplemental statement as required by section 18 of Ceiling Price Regulation 34. You may not establish prices under para¬ graph (a) of this section once you have elected to establish prices under this paragraph. (c) If the increase calculated in para¬ graphs (a) and (b) of this section results in a fraction of a cent, the ceiling price must be decreased to the next lower cent if the fractional cent is less than one- half cent, or may be increased to the next higher cent if the fraction is one- half cent or more. Sec. 4. Application of section 20 of Ceiling Price Regulation 34. (a) No seller of diaper supply services at retail subject to this supplementary regulation may, after the effective date of this regu¬ lation, obtain an increase in his ceiling prices for such diaper supply services under section 20 of Ceiling Price Regula¬ tion 34, as amended. All orders estab¬ lishing ceiling prices of any seller of diaper supply services subject to this supplementary regulation issued under either section 20 (a), (b> or (c) of Ceil¬ ing Price Regulation 34 are hereby re¬ voked, upon the effective date of this regulation. Sec. 5. Definitions, (a) As used in this supplementary regulation the term: (1) “Diaper supply services" means the supplying to retail customers on a rental basis, of clean laundered diapers by the owner of these items. (2) The term “Retail” refers to the sale of diaper supply services directly to the ultimate consumer, except commer¬ cial, industrial, and governmental users. Effective date. This Supplementary Regulation 32 to Ceiling Price Regulation 34 shall become effective December 18, 1952. Joseph H Freeh ill, Acting Director of Price Stabilization. December 18, 1952. ' - . I - r • ■ FILE following 85 Serv 32:3401 (12-19-52) 85 Serv 32:3501 Ceiling Price Regulation 34 Supplementary Regulation 33 DECEMBER 19. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON Power Laundries and Dry Cleaning Sellers in Greater Portland, Oregon Trading Area TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—OfRce of Price Stabiliza¬ tion, Economic Stabilization Agency [ Celling Price Regulation 34, Supplementary Regulation 33] CPR 34— SlRVTCIS SR 33—POWER LAUNDRIES AND DRY CLEANING SELLERS IN GREATER PORTLAND, OREGON TRADING AREA Pursuant to the Defense Production Act of I960, as amended, Executive Order 10161 and Economic Stabilization Agency General Order No. 2 this Supple¬ mentary Regulation 33 to Celling Price Regulation 34 Is hereby Issued. STATEMENT OP CONSIDERATIONS This Supplementary Regulation 33 to Celling Price Regulation 34 permits an Increase In retail celling prices for dry cleaning services to all sellers of such service located In the Greater Portland Oregon Trading Area. This “Area”, as it Is at times referred to In the regula¬ tion, consists of the county of Multno¬ mah and certain cities In the counties of Clackamas In the State of Oregon and Clark In the State of Washington. In addition It permits all power laundries located In the “Area" to Increase their retail celling prices for power laundry services. In order that customary pric¬ ing practices established in the trade may be maintained “bobtallers” (Inde¬ pendent routemen) are also permitted an Increase In their retail ceiling prices on the resale at retail of power laundry services that they purchase from power laundries located In the “Area”. This supplementary regulation does not per¬ mit the increase to be applied to the diaper supply and linen supply services of power laundries and "bobtails". His¬ torically it has been industry practice to bargain collectively with the various unions on proposed wage Increases. As a result the Impact and efTect of any In¬ crease has been uniform throughout each industry. An analysis of the operating costs and profit margins of a representa¬ tive number of the sellers In the area reveals that they are suffering an Im¬ pairment of their pre-Korean earnings as a result of Increased labor and ma¬ terial costs, which have been incurred. In may of 1952 new wage contracts were negotiated under which laundry and dry cleaning workers were granted a 5 cent per hour Increase together with 6 paid holidays: In August 1952 the Wage Sta¬ bilization Board approved certain “fringe benefits” for workers represented by the Teamsters’ Union. Failure to make an adjustment In the retail celling prices of these sellers would impair their con¬ tinued operations and would threaten an interruption In the supply of these essential services. This uniform increase was determined In accordance with the standards for individual adjustments under section 20 of Celling Price Regula- lation 34. Under the provisions of this supple¬ mentary regulation, retail celling prices of such power laundries, dry cleaning service sellers and bobtail sellers may be increased by 5 percent such adjustment to be applied to the total amount of each invoice rendered to the customer and identified as the “OPS permitted price Increase." If this method Is used to apply the amount of the Increase, the seller need not make the supplementary filing required by section 18 (c) of Ceil¬ ing Price Regulation 34. At the option of the Individual power laundry, dry cleaning service seller and bobtailer, however, the flat retail ceiling price for each article may be Increased by 5 per¬ cent. Adjusted flat celling prices must, within ten days after their determina¬ tion, be filed with the appropriate Office of Price Stabilization district office as required by section 18, as amended, of Ceiling Price Regulation 34. Express authority Is granted to make necessary changes In OPS posters. In the future, power laundries, dry cleaning service sellers and bobtallers subject to this supplementary regulation may not obtain an adjustment of their retail celling prices for those services covered by this supplementary regula¬ tion, under section 20 of Ceiling Price Regulation 34, as amended. Any ad¬ justment of retail ceiling prices which are the subject of this supplementary regulation under section 20 of Ceiling Price Regulation 34, as amended, hereto¬ fore granted Is automatically revoked as of the effective date of this supplemen¬ tary regulation. In the Judgment of the Director of Price Stabilization the price Increases permitted by this supplementary regula¬ tion are the minimum needed to permit the continued supply of this service. In the formulation of this supplemen¬ tary regulation, the Director has infor¬ mally consulted Insofar as practicable with representative suppliers of these services including representatives of trade association, arid consideration has been given to their recommendations. In the Judgment of the Director of Price Stabilization the increases permitted by this supplementary regulation are gen¬ erally fair and equitable and are neces¬ sary to effectuate the purpose of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 3. Relationship to Celling Price Regulation 34. 3. Adjustment of Celling Prices. 4. Application of Section 30 of Celling Price Regulation 34. 6. Definitions. Authoritt: Sections 1 to 6 Issued under Sec. 704, 64 Stat. 816, os amended; 60 U. S. C. App. Supp. 3164. Interpret or apply Title IV, 64 Stat. 803, as amended; 60 U. S. C. App. Supp. 3101-3110, E. O. 10161, Sept. 9, 1980, 15 P. R. 8105; 3 CPR 1950 Supp. Section 1. Purpose. This Supple¬ mentary Regulation permits all sellers of dry cleaning services located in the Greater Portland Oregon Trading Area hereinafter at times referred to as the "Ai'fea”) to increase their celling prices for the sale of such dry cleaning services at retail only by 5 percent. It permits power laundries located In the "Area” to Increase by 5 percent their ceiling prices for the sale of power laundry services at retail and to bobtail sellers for resale at retail. It also permits bobtail sellers (see section 5 Definitions) who purchase power laundry services from power laun¬ dries located in the “Area”, for resale at retail, to Increase their celling prices for the resale of such services at retail by 5 percent. This supplementary regula¬ tion does not apply to the sale or resale of diaper supply and linen supply serv¬ ices by power laundries or bobtail sellers. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Celling Price Regulation 34, as amended, except as affected by the provisions of this sup¬ plementary regulation, shall remain in effect. Sec. 3. Adjustment of retail ceiling prices. It you are subject to this sup¬ plementary regulation, you may to the extent that you either sell at retail or to a bobtail seller for resale at retail power laundry services supplied by power laundries located In the “Area” or are a seller, located In the “Area", selling dry cleaning services at retail, in¬ crease your celling prices by 5 percent for power laundry services and dry clean¬ ing services, except diaper supply and linen supply services, by either of the following methods: (a) You may apply such an adjust¬ ment to the total amount of each In¬ voice rendered to the customer, provided you shall clearly write or stamp on each such Invoice beside the adjustment the words “OPS permitted price increase”. If you use this method of applying your price increase, you need not make the supplementary filing required by section 18 (c) of Ceiling Price Regulation 34 85 Serv 32:3502 (b) You may, in lieu of the method provided in paragraph (a) of this sec¬ tion, increase by 5 percent the retail ceil¬ ing price of each power laundry and dry cleaning service article, except a diaper supply and linen supply service article. Within ten days after your prices are es¬ tablished under this paragraph you must prepare and file with your district office of the Office of Price Stabilization a sup¬ plemental statement as required under section 18, as amended, of Ceiling Price Regulation 34 and must change your OPS poster prices or prepare and display a new poster to reflect the price increase permitted by this supplementary regu¬ lation. You may not establish prices under paragraph (a) of this section ohce you have elected to establish prices un¬ der this paragraph. (c) If the price increase computed in paragraphs (a) or (b) of this section re¬ sults in a fraction of a cent, the price increase must be decreased to the next lower cent if the fractional cent is less than one-half cent, or may be increased to the next higher cent if the fraction is one-half cent or more. Sec, 4. Application of section 20 of Ceiling Price Regulation 34. No seller subject to this supplementary regulation may, after the effective date of this sup¬ plementary regulation, apply for an ad¬ justment of any of his retail celling prices for power laundry services and dry cleaning services except diaper sup¬ ply and linen supply services under sec¬ tion 20 of Ceiling Price Regulation 34, as amended. All orders establishing retail ceiling prices for any seller of power laundry services and dry cleaning serv¬ ices, except diaper supply services and linen supply services, subject to this sup¬ plementary regulation issued under either section 20 (a), (b) or (c) of Ceil¬ ing Price Regulation 34 are hereby re¬ voked, upon the effective date of this regulation. Sec. 5. Definitions, (a) (1) “Power Laundry” or “power laundries” as used in this regulation are laundries which in the laundry trade are customarily known and designed as such, and do not in¬ clude hand laundries, launderettes or laundries using home-type laundry equipment to supply laundry services. (a) “Bobtail sellers" as used in this regulation means a separate class of purchaser of power laundry services, consisting of independent routemen or establishments not employed or owned by a power laundry, which purchases such power laundry services from a power laundry at a discount and resells these services to its own customers at the same prices that the power laundry it¬ self would have charged the same class of purchaser for the same services. Bobtail sellers do not ordinarily engage in processing operations. (3) "Dry cleaning services” as used in this regulation means services rendered in the cleaning of garments and other items primarily with fluids other than water and shall include pressing. (4) “Retail” refers to the sale of dry cleaning services or laundry services di¬ rectly to the ultimate consumers, except commercial, industrial, Institutional or governmental users. (5) “The Greater Portland Oregon Trading Area” as used in this regula¬ tion means the area comprising all of Multnomah County and the cities of Oregon City, West Linn, Gladsyone, Os¬ wego and Milwaukee in Clackamas County, in the State of Oregon; and the cities of Vancouver, McLoughlin, Camas, and Washougal in the County of Clark in the State of Washington. (6) “Area” as used in this regulation means “The Greater Portland Oregon Trading Area”. Effective date. This supplementary regulation is effective December 24, 1952. Note. The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942-. Joseph H. Freehill, Director of Price Stabilization. * December 19, 1952. FILE following 85 Serv 32:3502 (1-13-53) 85 Serv 32:3601 Hand Laundries in the Ceiling Price Regulation 34 New York City Area Supplementary Regulation 34 JANUARY 13, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Ceiling Price Regulation 34, Supplementary Regulation 34] CPR 34 —Services SR 34-HAND LAUNDRIES IN THE NEW YORK CITY AREA Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161, arid Economic Stabilization Agency General Order No. 2, this Sup¬ plementary Regulation 34 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation to Ceiling Price Regulation 34 permits an increase in ceiling prices for hand laun¬ dries situated in the Counties of Bronx, New York, Kings, Queens, Richmond, Westchester, Nassau, and Suffolk, in New York State. Hand laundries in this area do an esti¬ mated annual volume of business amounting to $16,000,000. A study of operating costs and profit margins of a representative number of these hand laundries reveals that increased labor and material costs have impaired pre- Korean earnings of such hand laundries. In addition in May 1952, new wage con¬ tracts were negotiated granting substan¬ tial wage increases to all classes of workers. The wage increases are all within the formula of Wage Stabiliza¬ tion Board regulations or have received Wage Stabilization Board approval. In June 1952 the Office of Price Stabiliza¬ tion issued Supplementary Regulation 19 to Ceiling Price Regulation 34 grant¬ ing wholesale power laundries in the New York City Area permission to in¬ crease their ceiling prices by 5 percent. These cost increases have resulted in fur¬ ther impairment of the earnings of such hand laundries. The amount granted herein has been determined to be the minimum necessary to maintain the financial stability of these hand laun¬ dries in order to assure a continued supply of these essential hand laundry services. Under the provisions of this supple¬ mentary regulation the charges of these hand laundries for their services may be increased by 6 percent. This uniform increase was determined in accordance with the standards for individual adjust¬ ment under section 20 of Ceiling Price Regulation 34. Such an adjustment may be applied to the total amount of each invoice rendered to the customer, and identified as the “OPS permitted price increase”. If this method is used to ap¬ ply the amount of the increase, the seller need not make the supplementary filing required by section 18 (c) of Ceiling Price Regulation 34. At the option of the individual hand laundry, however, the ceiling price for each item may be increased by not more than 6 percent. Adjusted flat prices must within ten days after their determination be filed with the appropriate OPS District Office. In the future, hand laundries subject to this supplementary regulation may not obtain an adjustment of their ceiling prices for their hand laundry services under section 20 of Ceiling Price Regula¬ tion 34. In addition, the ceiling prices estab¬ lished by this supplementary regulation apply to all such hand laundry services, irrespective of any adjustment of ceiling prices heretofore granted under the pro¬ visions of Ceiling Price Regulation 34. Consequently, any adjustments granted under that regulation are automatically revoked as of the effective date of this supplementary regulation. In the formulation of this supplemen¬ tary regulation the Director has con¬ sulted insofar as practicable with repre¬ sentative suppliers of these services, in¬ cluding representatives of trade associa¬ tions, and consideration has been given to their recommendations. In the judg¬ ment of the Director of Price Stabiliza¬ tion the increase permitted by this sup¬ plementary regulation are generally fair and equitable and are necessary to ef¬ fectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Ceiling Price Regulation 34. 3. Adjustment of ceiling prices. 4. Application of section 20 of Ceiling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5 issued under sec. 704, 64 Stat. 816, as amended; to U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended: 50 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 CFR 1950 Supp. Section 1. Purpose. This Supplemen¬ tary Regulation permits hand laundries in the counties of Bronx, New York, Kings, Queens, Richmond, Westchester, Suffolk and Nassau, State of New York to increase the ceiling prices of their hand laundry services by 6 percent. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, unless changed by the provisions of this sup¬ plementary regulation, shall remain in effect. Sec. 3. Adjustment of ceiling prices. You may, if you are a hand laundry lo¬ cated in the following counties of New York State: Bronx, New York, Kings, Queens, Richmond, Suffolk, Westchester and Nassau, increase your ceiling prices for hand laundry services established un¬ der section 5 of Ceiling Price Regulation 34, by 6 percent by either of the following methods : (a) You may apply such increase to the total amount of each invoice ren¬ dered to the customer, provided you shall clearly write or stamp on each such invoice beside the adjustment the words “OPS permitted price increase”. If you use this method of applying your price increase you need not make the supple¬ mentary filing required by Section 18 (c) of Ceiling Price Regulation 34. (b) You may in lieu of the method provided in paragraph (a) of this sec¬ tion, increase by 6 percent the ceiling prices of each hand laundry service item you supply. Within ten days after your prices are established under this sub- paragraph, you must prepare and file with your district office of the Office of Price Stabilization a supplemental state¬ ment as required under section 18 (c) of Ceiling Price Regulation 34. You must also change or prepare and post on an official OPS poster the adjusted ceiling prices determined under this section. You may not use paragraph (a) of this section once you have elected to adjust ceiling prices under this subparagraph. (c) If the increase computed in para¬ graph (a) or (b) above results in a frac¬ tion of a cent, the price must be de¬ creased to the next lower cent if the fractional cent is less than one-half cent or may be increased to the next higher cent if the fraction is one-half cent or more. Sec. 4. Application of section 20 of Ceiling Price Regulation 34. (a) A hand laundry subject to this supplementary regulation may not, after the effective date of this supplementary regulation, apply for an adjustment of any of its ceiling prices for hand laundry services under section 20 of Ceiling Price Regu¬ lation 34, as amended. (b) The adjustment of ceiling prices granted by section 3 of this Supplemen¬ tary Regulation shall be the maximum adjustment permitted any hand laundry in lieu of, and irrespective of, any ad¬ justment heretofore granted any such hand laundry under the provisions of Ceiling Price Regulation 34, as amend¬ ed. Any order adjusting the ceiling prices of any such hand laundry services under section 20 of Ceiling Price Regula¬ tion 34, as amended, is hereby revoked as of the effective date of this supple¬ mentary r :gulation. Sec. 5. Definitions, (a) “Hand laun¬ dries” as used in this regulation are laundry establishments receiving and distributing laundry, generally finishing some wearing apparel by hand ironing done on the premises, giving only limited, if any, delivery services. Effective date. This Supplementary Regulation 34 to Ceiling Price Regulation 34 shall become effective January 19, 1953. Note: The record-keeping and reporting re¬ quirement of the regulation have been ap¬ proved by the Bureau of the Budget in ac¬ cordance with the Federal Reports Act of 1942. Joseph H. Freehill, Director of Price Stabilization. January 13, 1953. * - •'VrS$ (U V3 . . ■ 3^0 imhboj won n >•;: n XUM' wa -. | C, > x ■ • y>/ ... . r. -•<-.*jf.ii v -5 fi .qs I ,W ■ '»f ■?'. ; * .. • q'ir * 1 art* » (2-2-53) 85 Serv 32:4001 Ceiling Price Regulation 34 Supplementary Regulation 38 FEBRUARY 2, 1953 OFFICE OF PRICE STABILIZATION Processing Services of Frozen Food Locker Plants TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency CPR 34 —Services SR 38—■PROCESSING SERVICES OF FROZEN FOOD LOCKER PLANTS Pursuant to the Defense Production Act of 1950. as amended. Executive Order 10161 (15 F. R. 6105). and Economic Stabilization Agency General Order No. 2 (16 F. R. 738). this Supplementary Regulation 38 to Ceiling Price Regula¬ tion 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 38 to Ceiling Price Regulation 34 authorizes operators of frozen food locker plants to Increase complete processing service charges to ultimate consumers for the processing of meats. It permits these sellers to increase their ceiling prices, otherwise determined pursuant to Ceil¬ ing Price Regulation 34. by one cent per pound for the service of completely proc¬ essing customer-owned carcasses and wholesale cuts of beef, veal, pork and lamb. Hie action taken herein is necessary because of a substantial decline since the base period (December 19, 1950, to January 25,1951, inclusive) in the prices received by locker plant operators from the sale of inedible meat by-products. The charges for processing meats owned by the customer have always been aug¬ mented by revenue derived from the sales of suet, fat, bones and other by-products left over from the cutting and trimming of meats. This additional revenue is considered by the industry as a part pay¬ ment for the rendering of processing services. Information available to the Office of Price Stabilization indicates that the present market prices received by locker plant operators for the sale of inedible meat by-products are in the average below the base period market prices re¬ sulting in a substantial decrease in in¬ come to the frozen food locker plant industry for processing services. The increase of one cent a pound permitted by this supplementary regulation, which is uniformly applicable to all locker plant processors, is determined to be the mini¬ mum increase necessary to assure the continued supply of essential processing services at prices which are fair and equitable to both the industry and the consumer. The authorized price increase may be utilized by locker plant operators only where carcasses, including sides, quar¬ ters and wholesale cuts of meat'are com¬ pletely processed. The complete proc¬ essing service must consist of such com¬ ponent services as chilling, cutting, wrapping, labelling and freezing. No Increase in present ceiling prices may be obtained under this supplementary reg- WASHINGTON ulation for these services singly. Fur¬ ther, no increases in prices are per¬ mitted for the processing of retail or fabricated cuts of meat, specialty prod¬ ucts, lard rendering, curing or smoking, or the processing in any form of game, poultry, fish, fruits and vegetables. This supplementary regulation does not permit frozen food locker plant op¬ erators to increase present wholesale and retail ceiling prices of meats estab¬ lished under other OPS regulations, nor does it apply to processing services ren¬ dered by commercial storage plants, meat packers, stockyards and slaugh¬ terers. Since this supplementary regulation is designed to compensate locker plant op¬ erators for reduced overall processing service charges caused by a decline in the selling prices of meat by-products rather than the impairment of normal pre-Korean earnings, the affected sellers are not precluded from making use of the individual adjustment provisions of section 20 of Ceiling Price Regulation 34. In the formulation of this supple¬ mentary regulation, the Director has consulted extensively insofar as prac¬ ticable with representative suppliers of these services, including representatives of trade associations and the Depart¬ ment of Agriculture, and consideration has been given to their recommenda¬ tions. In the judgment of .the Director of Price Stabilization the increase per¬ mitted by this supplementary regulation is necessary to effectuate the purpose of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Celling Price Regula¬ tion 34. 3. Celling prices. 4. Piling. 6. Definitions. Authority : Sections 1 to 5 Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110; E. O. 10161, Sept. 9, 1960, 15 P. R. 6105; 3 CPR, 1950 Supp. Section 1. Purpose. The purpose of this regulation is to permit frozen food locker plants (see definition in section 5 (3)) to increase service charges by one cent per pound for the complete processing of meats. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of CPR 34, as amended, except as affected by the provisions of this supplementary regu¬ lation, shall remain in full force and ef¬ fect. Sec. 3. Ceiling prices, (a) If you op¬ erate a frozen food locker plant you may increase your ceiling prices established under sections 5, 6 or 7 of Ceiling Price Regulation 34, as amended, by one cent per pound for the service of completely processing customer owned carcasses, including sides, quarters, and whole¬ sale cuts of beef veal, pork and lamb. (b) This increase in ceiling prices of one cent per pound is in lieu of, and not in addition to, any other Increase over the dollar and cent element of the ceil¬ ing price formula for your complete processing services to which you might otherwise be entitled under Ceiling Price Regulation 34 by reason of the de¬ crease since the base period in the price you receive for any meat by-products as part of your compensation for the serv¬ ices you render. For example, if during the base period, your locker plant ren¬ dered a complete processing service at a price of 4 cents a pound to your cus¬ tomers plus all non-edible meat by-prod¬ ucts with a base period resale value of 2 cents a pound, for a total of 6 cents, and currently you can realize an average resale value of by-products of only 1 cent a pound, you may under this reg¬ ulation increase the price to your cus¬ tomers from 4 cents to 5 cents a pound plus the non-edible meat by-products for a similar total of 6 cents a pound. You may not. however, increase the price charged your customers for complete processing services by more than one cent a pound even though your realiza¬ tion for any meat by-products has de¬ clined since the base period. Sec. 4. Filing. Within 10 days after establishing your ceiling prices under this regulation, you must prepare and file a statement with the appropriate district office of the Office of Price Sta¬ bilization, in accordance with section 18 (c) of Ceiling Price Regulation 34. Sec. 5. Definitions. As used in this supplementary regulation to Ceiling Price Regulation 34: (a) “Complete processing” is your complete custom processing service ap¬ plied to beef, veal, pork, and lamb, and which includes such operations as chill¬ ing, cutting, wrapping, labelling, freez¬ ing, and in addition, any other operation as you customarily performed (ageing, grinding, boning, etc.). (b) “Carcasses”, “sides”, “quarters”, and “wholesale cuts” are defined and de¬ scribed in the following OPS commodity regulation: For beef see Appendix 2 of CPR 24, Collation 2; Appendix 3 of CPR 25, Revised; for pork see Appendix 2 of CPR 74; for lamb see Appendix 2 of CPR 92, Collation 1; and for veal see Ap¬ pendix 2 of CPR 101. (c) “Frozen food locker plants” in¬ clude any establishments which pri¬ marily offer frozen food storage service in individual lockers, and provide complete custom processing services on meat owned by customers. Effective date. This supplementary regulation shall become effective Feb¬ ruary 7, 1953. Note: The record-keeping and reporting requirements of this supplementary regula¬ tion have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Joseph H. Freehe-l, Director of Price Stabilization. February 2, 1953. . . ' * . - . FILE following 85 Serv 32:4001 (2-4-53) 85 Serv 32:4101 Hand Laundries in Ceiling Price Regulation 34 Philadelphia, Pa. Supplementary Regulation 39 FEBRUARY 4. 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza- lion, Economic Stabilization Agency [Celling Price Regulation 34, Supplementary Regulation 39] CPR 34—Services SR 39-HAND LAUNDRIES IN PHILADELPHIA, PENNSYLVANIA Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Sup¬ plementary Regulation 39 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 39 to Ceiling Price Regulation 34 permits an increase in ceiling prices for hand laun¬ dries located in Philadelphia, Pennsyl¬ vania. Hand laundries in Philadelphia do an estimated annual volume of business amounting to approximately $750,000 annually. A study of operating costs and profit margins of a representative num¬ ber of these hand laundries reveals that increased labor and material costs have impaired pre-Korean earnings of such hand laundries. In November 1952, new wage contracts were negotiated granting substantial wage increases. The wage increases are all within the formula of WSB regulations or have received WSB approval. In addition, OPS issued Sup¬ plementary Regulation 25 to Ceiling Price Regulation 34 in November 1952 granting power laundries in Philadelphia permission to increase their ceiling prices by 9 percent, thus increasing processing costs of the hand laundries. These cost increases have resulted in further im¬ pairment of the earnings of such hand laundries. Under the provisions of this supple¬ mentary regulation, the charges of these hand laundries for their services may be increased by 10 percent. This uni¬ form increase was determined in accord¬ ance with the standards for individual adjustment under section 20 of Ceiling Price Regulation 34. Such an adjust¬ ment may be applied to the total amount of each invoice rendered to the customer, and identified as the “OPS permitted price increase.” If this method is used to apply the amount of the increase, the seller need not make the supplementary filing required by section 18 (c) of Ceil¬ ing Price Regulation 34. At the option of the individual hand laundry, however, the ceiling price for each item may be increased by not more than 10 percent. Adjusted flat prices must within ten days after their determination, be filed 1 with the appropriate OPS District Office. In the future, hand laundries subject to this supplementary regulation may not obtain an adjustment of their ceil¬ ing prices for their hand laundry serv¬ ices under section 20 of Ceiling Price Regulation 34. In addition, the ceiling prices estab¬ lished by this supplementary regulation apply to all such hand laundry services, irrespective of any adjustment of ceiling prices heretofore granted under the pro¬ visions of Ceiling Price Regulation 34. Consequently, any adjustments granted under that regulation are automatically revoked as of the effective date of this supplementary regulation. In the formulation of this supple¬ mentary regulation the Director has consulted insofar as practicable with representative suppliers of these services, including representatives of trade asso¬ ciations, and consideration has been given to their recommendations. In the judgment of the Director of Price Sta¬ bilization the increases permitted by this supplementary regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Ceiling Price Regulation 34. 3. Adjustment of ceiling prices. 4. Application of Section 20 of Ceiling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5 issued under sec. 704, 64 Stat. 816, as amended; to U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 CFR 1950 Supp. Section 1. Purpose. This Supplemen¬ tary Regulation permits hand laundries in Philadelphia, Pennsylvania to in¬ crease the ceiling prices of their hand laundry services by 10 percent. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, unless changed by the provisions of this supple¬ mentary regulation, shall remain in effect. Sec. 3. Adjustment of ceiling prices. You may, if you are a hand laundry lo¬ cated in Philadelphia, Pennsylvania, in¬ crease your ceiling prices for hand laundry services established under sec¬ tion 5 of Ceiling Price Regulation 34, by 10 percent by either of the following methods: (a) You may apply such increase to the total amount of each invoice ren¬ dered to the customer, provided you shall clearly write or stamp on each such invoice beside the adjustment the words “OPS permitted price increase” If you use this method of applying your price increase you need not make the supple¬ mentary filing required by section 18 (c) of Ceiling Price Regulation 34. (b) You may in lieu of the method provided in paragraph (a) of this sec¬ tion, increase by 10 percent the ceiling prices of each hand laundry service item you supply. Within ten days after your prices are established under this para¬ graph, you must prepare and file with your district office of the Office of Price Stabilization a supplementary statement as required under section 18 (c) of Ceil¬ ing Price Regulation 34. You must also change or prepare and post on an official OPS poster the adjusted ceiling prices determined under this section. You may not use paragraph (a) of this section once you have elected to adjust ceiling prices under this paragraph. (c) If the increase computed in para¬ graph (a) or (b) of this section results in a fraction of a cent, the price must be decreased to the next lower cent if the fractional cent is less than one-half cent or may be increased to the next higher cent if the fraction is one-half cent or more. Sec. 4. Application of section 20 of Ceiling Price Regulation 34. (a) A hand laundry subject to this supplementary regulation may not, after the effective date of this supplementary regulation, apply for an adjustment of any of its ceiling prices for hand laundry services under section 20 of Ceiling Price Regu¬ lation 34, as amended. (b) The adjustment of ceiling prices granted by section 3 of this supplemen¬ tary regulation shall be the maximum adjustment permitted any hand laundry in lieu of, and irrespective of, any ad¬ justment heretofore granted any such hand laundry under the provisions of Ceiling Price Regulation 34, as amended. Any order adjusting the ceiling prices of any such hand laundry services under section 20 of Ceiling Price Regulation 34, as amended, is hereby revoked as of the effective date of this supplementary regulation. Sec. 5. Definitions, (a) “Hand laun¬ dries” as used in this regulation are laun¬ dry establishments receiving and distrib¬ uting laundry, generally finishing some wearing apparel by hand ironing done on the premises, giving only limited, if any, delivery services. Effective date. This Supplementary Regulation 39 to Ceiling Price Regulation 34 shall become effective February 9, 1953. Note: The record-keeping and reporting requirement of the regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Joseph H. Freehill, Director of Price Stabilization. February 4, 1953. fi ■ V U? 3? r» •'KM3- A K>- !.••> ■ I t ri it: . iidj g ain* Jfbn-.r tm . FILE following 85 Serv 32:4101 (2-12-53) 85 Serv 32:4201 Diaper Supply Services in Ceiling Price Regulation 34 Pittsburgh, Pennsylvania Supplementary Regulation 40 FEBRUARY 12, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 34, Supplementary Regulation 401 CPR 34— Services SR 4 0—DIAPER SUPPLY SERVICES IN PITTS¬ BURGH, PENNSYLVANIA Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161 and Economic Stabilization Agency General Order No. 2, this Sup¬ plementary Regulation 40 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 40 to Ceiling Price Regulation 34 permits an increase in the ceiling prices of the diaper supply services furnished by retail diaper suppliers in Pittsburgh, Pennsylvania. Sharply increased costs of materials and supplies together with wage in¬ creases recently granted with Wage Sta¬ bilization Board approval have made re¬ pair and replacement of worn out and obsolete equipment virtually impossible. These factors have resulted in substan¬ tial financial hardship to these diaper service suppliers. Under the provisions of this supple¬ mentary regulation, ceiling prices of diaper service suppliers in Pittsburgh, Pennsylvania, may be increased by 8 per¬ cent. such adjustment to be applied to the total amount of each invoice ren¬ dered to the customer and identified as the "OPS permitted price increase,” or, at the option of the individual diaper service supplier, the established flat price for each article may be increased 8 per¬ cent. The adjusted flat price must, within ten days after determination, be filed with the appropriate Office of Price Stabilization District Office. Provision is made to retain such serv¬ ices under Ceiling Price Regulation 34: Provided, however. That diaper service suppliers subject to this supplementary regulation may not, after the effective date of this supplementary regulation, obtain an adjustment of their ceiling prices under section 20 of Ceiling Price Regulation 34, as amended In addition, adjustments previously granted under that section are automatically revoked as of the effective date of this supple¬ mentary regulation In the formulation of this supplemen¬ tary regulation, the Director has con¬ sulted insofar as practicable with repre¬ sentative suppliers of these services in¬ cluding representatives of trade associa¬ tions, and consideration has been given to their recommendations. In the judg¬ ment of the Director of Price Stabi¬ lization the increases permitted by this supplementary regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Ceiling Price Regulation 34. 3. Adjustment of ceiling prices. 4 Application of section 20 of Ceiling Price Regulation 34. 5. Definitions. Authority : Sections 1 to 5, issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Supp. 2101-2110, E. O. 10161, Sept. 9. 1950, 15 F. R. 6105, 3 CPR 1950 Supp. Section 1. Purpose. This supplemen¬ tary regulation permits diaper service suppliers located in Pittsburgh, Pennsyl¬ vania to increase the ceiling prices of their retail diaper supply services by 8 percent, in the manner provided in sec¬ tion 3. This supplementary regulation shall not apply to any other services supplied by such diaper service suppliers. Sec. 2. Relationship tb Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, etfeept as affected by the provisions of this sup¬ plementary regulation, shall remain in effect. Sec. 3. Adjustment of ceiling prices. You may, to the extent you furnish diaper supply services at retail from locations in Pittsburgh, Pennsylvania, increase your ceiling prices by 8 percent for diaper supply services thus supplied by either of the following methods: (a) You may apply such an adjust¬ ment to the total amount of each in¬ voice rendered to the customer, pro¬ vided you shall clearly write or stamp beside the adjustment on each invoice the words ‘‘OPS permitted price in¬ crease". If you use this method of ap¬ plying your price increase you need not make the supplementary filing required by section 18 (c) of Ceiling Price Regu¬ lation 34. I ■' ' t • * » : - • ■i i:'U r *' - . r • • ■ • . . • * FILE following 85 Serv 32:4201 (2-13-53) 85 Serv 32:4301 Window Washing Services in Chicago, Illinois Ceiling Price Regulation *34 Supplementary Regulation 41 FEBRUARY 13, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency |Ceiling Price Regulation 34, Supplementary Regulation 41] CPR 34—Services SR 41-WINDOW WASHING SERVICES IN CHICAGO,ILLINOIS Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Supple¬ mentary Regulation 41 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 41 to Ceiling Price Regulation 34 permits a uniform increase in ceiling prices for window washing services supplied within the limits of the City of Chicago, Illinois, by sellers located there. A study of the operating costs and profit margins of a representative num¬ ber of such sellers reveals that increased labor and material costs have impaired their pre-Korean earnings. Effective November 1,1952, these suppliers granted their employees a six cent per hour wage increase, and six paid holidays whereas there were no paid holidays before, with the result that the earnings of these sup¬ pliers will be further impaired. It has been well established that direct labor costs in this industry generally amount to from 60 to 80'/ of selling price. Very small wage increases, therefore, result in almost immediate financial hardship for these service businesses. The amount granted herein has been determined to be the minimum necessary to maintain the financial stability of these suppliers of window washing serv¬ ices in order to assure a continued supply of these essential services. Under the provisions of this supple¬ mentary regulation, the charges of these suppliers of window washing services may be increased by 8 percent, This uni¬ form increase was determined in accord¬ ance with the standards for individual adjustment under section 20 of Ceiling Price Regulation 34. In the future, suppliers of window washing services subject to this supple¬ mentary regulation may not obtain an adjustment of their ceiling prices for their window washing services under section 20 of Ceiling Price Regulation 34. In addition adjustments granted under that section are automatically revoked as of the effective date of this supple¬ mentary regulation. In the formulation of this supple¬ mentary regulation, the Director has consulted insofar as practicable with representative suppliers of these services, including representatives of trade asso¬ ciations, and consideration has been given to their recommendations. In the judgment of the Director of Price Stab¬ ilization, the increases permitted by this supplementary regulation are generally fair and equitable and are necessary to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Ceiling Price Regulation 34. 3. Adjustment of ceiling prices. 4. Applicability of section 20 of Ceiling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5 issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 CFR 1.950 Supp. Section 1. Purpose. This supplemen¬ tary regulation permits suppliers of win¬ dow washing services located in the city of Chicago, Illinois, to increase their ceiling prices for window washing serv¬ ices, rendered within the limits of that city, by 8 percent. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, except as affected by the provisions of this sup¬ plementary regulation, shall remain in effect. Sec. 3. Adjustment of ceiling prices. If you are located within, and supply window washing services within, the limits of the City of Chicago, Illinois, you may increase your ceiling prices for such services by 8 percent. Sec. 4. Applicability of section 20 of Ceiling Price Regulation 34. (a) A seller subject to this supplementary regulation may not, after the effective date of this supplementary regulation, apply for an adjustment of any of his ceiling prices, covered by this supplementary regula¬ tion, under section 20 of Ceiling Price Regulation 34, as amended. (b) The adjustment of ceiling prices granted by section 3 of this supplemen¬ tary regulation shall be the maximum adjustment permitted any such supplier of such services in lieu of, and irrespec¬ tive of, any adjustment heretofore grant¬ ed any such supplier in respect of such services under the provisions of Ceiling Price Regulation 34, as amended. Any order adjusting the ceiling prices of any such supplier’s window washing services, rendered in the City of Chicago, Illinois, under section 20 of Ceiling Price Regu¬ lation 34, as amended, is hereby revoked as of the effective date of this supple¬ mentary regulation. Sec. 5. Definitions. (a) “Window washing services”, as used in this sup¬ plementary regulation, means the wash¬ ing and cleaning of sash, casement, and plate glass windows, glass partitions, and glass doors. Effective date. This supplementary regulation is effective February 13, 1953. Joseph H. Freehill, Director of Price Stabilization. February 13, 1953. ; ■ -■ : . ■ -• “ tes-eus) l vu'K { ?c .mitwMi > :*1 M l -- -.cMv •: :-.u> *»«* iv -V ! ' ' . ftat’i .. .:•* . ■-Jl.iix ID - t . . Ill k tqotV ...m • >r ■!*< <■ it* • ••• .':■ nw * -i* •** • jowotno r,v? M 0 . ‘i 5 H/i nott i r ba* . 4101 as r O • at :t'.r«|$9H SC 4a. ? ..• c ,:J* Hl« 10 X ■ ‘ A •: :(v ' ill ' ■US ) 1 ♦ illti. Xi •': 1 vi ’5 -' ' 1 , . -rt» <; i FILE following 85 Serv 32:4301 (2-13-53) 85 Serv 32:4401 Linen and Diaper Supply Services in Wheeling, West Virginia Ceiling Price Regulation 34 Supplementary Regulation 42 FEBRUARY 13, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 34, Supplementary Regulation 42] CPR 34—Services SR 4 2-LINEN AND DIAPER SUPPLY SERVICES IN WHEELING, WEST VIRGINIA Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 and Economic Stabilization Agen¬ cy General Order No. 2, this Supplemen¬ tary Regulation 42 to Ceiling Price Reg¬ ulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 42 to Ceiling Price Regulation 34 permits an increase in the ceiling prices of linen and diaper supply services furnished by linen and diaper suppliers in Wheeling, West Virginia. An analysis of the operating costs and profit margins of sellers who provide all of the linen and diaper supply services in the area reveals that they are suffer¬ ing an impairment of their pre-Korean earnings as a result of increased costs of operation resulting from wage increases, replacement of worn out, and obsolete equipment, and higher costs of materials. Under the provisions of this supple¬ mentary regulation, ceiling prices of linen and diaper suppliers in Wheeling, West Virginia, may be increased by 8 percent, such adjustment to be applied to the total amount of each invoice ren¬ dered to the customer and identified as the “OPS permitted price increase”, or, at the option of the individual linen and diaper supplier, the established flat price for each article may be increased 8 percent. The adjusted flat price must, within ten days after determination, be filed with the appropriate Office of Price Stabilization District Office as required by section 18 of Ceiling Price Regulation 34, as amended. The uniform increase has been deter¬ mined in accordance with the stand¬ ards for individual adjustments under section 20 of Ceiling Price Regulation 34, as amended. Linen and diaper suppliers subject to this supplementary regulation may not, after the effective date of this supple¬ mentary regulation, obtain an adjust¬ ment of their ceiling prices under sec¬ tion 20 of Ceiling Price Regulation 34, as amended. In addition, adjustments pre¬ viously granted under that section are automatically revoked upon the effec¬ tive date of this supplementary regula¬ tion. In the formulation of this supplemen¬ tary regulation, the Director has con¬ sulted insofar as practicable with repre¬ sentative suppliers of these services, in¬ cluding representatives of trade associa¬ tions, and consideration has been given to their recommendations. In the judg¬ ment of the Director of Price Stabiliza¬ tion the increases permitted by this sup¬ plementary regulation are generally fair and equitable and are necessary to ef¬ fectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Ceiling Price Regulation 34. 3. Adjustment of ceiling prices. 4. Application of section 20 of Ceiling Price Regulation 34. 5. Definitions. Authority: Sections 1 to f, issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Supp. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105, 3 CFR 1950 Supp. Section 1. Purpose. This supplemen¬ tary regulation permits linen and diaper suppliers located in Wheeling, West Vir¬ ginia, to increase the ceiling prices of their linen and diaper supply services by 8 percent. This supplementary regula¬ tion shall not apply to any other services supplied by such linen and diaper sup¬ pliers. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, except as affected by the provisions of this sup¬ plementary regulation, shall remain in effect. Sec. 3. Adjustment of ceiling prices. You may, to the extent you furnish linen and diaper supply services from loca¬ tions in Wheeling, West Virginia, in¬ crease your ceiling prices by 8 percent for linen and diaper supply services thus supplied by either of the following methods: (a) You may apply such adjustment to the total amount of each invoice ren¬ dered to the customer, provided you shall clearly write or stamp beside the adjust¬ ment on each invoice the words “OPS permitted price increase”. If you use this method of applying your price in¬ crease you need not make the supple¬ mentary filing required by section 18 (c > of Ceiling Price Regulation 34, as amended. (b) You may in lieu of the method provided in paragraph (a) of this sec¬ tion, increase by 8 percent the flat price of each linen and diaper supply service article. Within ten days after your prices are established under this paragraph you must prepare and file with your dis¬ trict office of the Office of Price Stabili¬ zation a supplemental statement as re¬ quired by section 18 of Ceiling Price Reg¬ ulation 34. You may not establish prices under paragraph' (a) of this section once you have elected to establish prices under this paragraph. (c) If the increase calculated in para¬ graphs (a) and (b) of this section re¬ sults in a fraction of a cent, the ceiling price must be decreased to the next lower cent if the fractional cent is less than one-half cent, or may be increased to the next higher cent if the fraction is one-half cent or more. Sec. 4. Application of section 20 of Ceiling Price Regulation 34. (a) No seller of linen and diaper supply services subject to this supplementary regulation, may, after the effective date of this regu¬ lation, apply for an adjustment of any of his ceiling prices for linen and diaper supply services under section 20 of Ceil¬ ing Price Regulation 34, as amended. All orders establishing ceiling prices of any seller of linen and diaper supply services subject to this supplementary regulation issued under either section 20 (a), (b) or (c) of Ceiling Price Regula¬ tion 34, as amended, are hereby revoked, upon the effective date of this regulation. Sec. 5. Definitions. As used in this supplementary regulation the term: (1) “Linen supply services” means the supplying to others, on a rental basis, of clean laundered linen or garments by the owner of these items. The term “linen”, as used in this definition, is not confined to articles made of linen tex¬ tiles, but includes articles consisting of any fabric which are commonly laun¬ dered as distinguished from being dry cleaned. (2) “Diaper supply services” means the supplying to retail customers on a rental basis, of clean laundered diapers by the owner of these items. Effective date. This supplementary regulation is effective February 13. 1953. Joseph H. Freehill, Director of Price Stabilization. February 13, 1953. f 08f:$£ vi/>6 3# wu rrnUdl 3J..1 i ^oiO br«D ^hpJ it *t yMcjyc * > r \: i- . .re * v :.• * tffc* . • I ii >; "V'r '• t'iDtlCt - HIS :»*> Jji:' • . f • *>:* * • 4 , 3 t» H 30 *VK 4 - A TJTTT -t ■ t»c1« S >Jiii Q— *vf •? “< \ 3 r. A r*>il • '• >v > i<* • >3 ,fn ' ► l .jt.iW.vO- ( i to m fjoiii - t» ne: ’? *f ■■ ■ i «Oiiu . . . soar ■ non fflli to» • 1. ■ J ?J K l * s O 7 IT :‘<4 x Hi A : ■'< •„ n v ’ s-*i 111 r»i tt It to I Stli f o#. .It i„Ji ou» m*. j j .cl > ■ **> # Li •' • i.' ^ :■ ’ii »• " . J FILE following 85 Serv 32:4401 (2-18-53) 85 Serv 32:4501 Window Washing and Ceiling Price Regulation 34 Building Janitorial Supplementary Regulation 43 Services in the New York Area February 16 ,1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabilizq- tion, Economic Stabilization Ageftcy [Ceiling Price Regulation 34, Supplementary Regulation 431 CPR 34—Services SR 4 3—WINDOW WASHING AND BUILDING JANITORIAL SERVICES IN THE NEW YORK AREA Pursuant to the Defense production Act of 1950, as amended, Executive Or¬ der 10161 and Economic Stabilization Agency General Order No. 2 this Supple¬ mentary Regulation 43 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 43 to Ceiling Price Regulation 34 conditionally authorizes sellers of window washing and building janitorial services in the Coun¬ ties of New York, Kings, Queens, Bronx, Richmond, Westchester, Nassau and Suffolk, in the State of N£w York, here¬ inafter called the "New York Area”, to charge their customers for such services rendered after certain dates, tentative increased ceiling prices based upon in¬ creased direct labor costs and fringe benefits actually incurred since March 12, 1952, and those which they probably will incur retroactively as a result of wage negotiations pending on December 1, 1952. Such increased tentative ceil¬ ing prices may be charged only on con¬ dition that the seller agree with the cus¬ tomers to whom he charges such in¬ creased tentative prices that he will re¬ pay to them the amount, if any, by which the tentative prices charged ex¬ ceed the sellers lawful ceiling prices as finally computed by the seller, pursu¬ ant to this Supplementary Regulation, after the conclusion of the said negotia¬ tions, for the period during which the services were rendered, on the basis of the direct labor wage increases and di¬ rect labor fringe benefits he has granted retroactively. The Director takes notice of and rec¬ ognizes the practice in this industry of charging customers, after wage negotia¬ tions have been entered into, tentative prices which include a factor for prob¬ able retroactive wage increases, leaving the final prices to be determined on the basis of the wage increases which are actually granted retroactive to the time the services were performed. It appears that the direct labor costs of rendering these services range from 60 to 80 per¬ cent of sales price; that these suppliers normally operate on a very small earn¬ ings margin; that in general they do not have the financial capacity to absorb wage increases; and that increased labor costs necessitate concurrent increases in their sales prices if undue interference with the effective operation of these service businesses is to be avoided. In the formulation of this supple¬ mentary regulation there was con¬ sultation with industry representatives, including trade association representa¬ tives, to the extent practicable, and con¬ sideration was given to their recom¬ mendations. In the judgment of the Director of Price Stabilization the provi¬ sions of this Supplementary Regulation to Ceiling Price Regulation 34 are gen¬ erally fair and equitable and are neces¬ sary to effectuate the purposes of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. What this supplementary regulation does. 2. Relationship to Ceiling Price Regulation 34. 3. Tentative prices. 4. Celling prices. 5. Definitions. Authority: Sections 1 to 5 Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 CFR 1950 Supp. Section 1. What this supplementary regulation does. This supplementary regulation conditionally authorizes in¬ creased tentative prices for window washing and building janitorial services, rendered in the New York Area by sup¬ pliers located there, pending the termi¬ nation of certain wage negotiations, and provides a means of calculating the final ceiling prices for such services upon ter¬ mination of those negotiations. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Price Regulation 34, as amended, except as changed by the provisions of this sup¬ plementary regulation, shall remain in effect with respect to suppliers of services covered by this supplementary regula¬ tion. This supplementary regulation supersedes all letter authorizations here¬ tofore issued under section 21 of Ceiling Price Regulation 34 to individual sellers of window washing and building jani¬ torial services in the New York area. Sec. 3. Tentative prices. If you are located in the New York area and supply window washing or building janitorial services, or both, in that area, you may increase your prices, tentatively, for such services rendered under each of your contracts on and after the dates speci¬ fied below and until 21 days after the termination of all wage negotiations specified below, as follows: (a) By the amount by which the direct labor wage increase of $5.00 per week, and direct labor fringe benefits, you granted to window cleaners who are members of Local 2 of the Building Service Employees International Union, A. F. of L„ effective on or about October 18, 1952, increases your costs, reasonably allocable to that contract, of performing such services rendered on and after December 1, 1952; (b) By the amount by which the direct labor wage increases, and direct labor fringe benefits, which could reasonably be expected to result from the wage ne¬ gotiations pending December 1, 1952, on behalf of some of your employees with Local 32J, Building Service Employees International Union, A. F. of L., would, if granted retroactively, increase your costs, reasonably allocable to that con¬ tract, of performing such services ren¬ dered on and after December 1, 1952; (c) By the amount by which the di¬ rect labor wage increases, and direct labor fringe benefits, which could rea¬ sonably be expected to result from the wage negotiations pending December 1, 1952, with Local 32B, Building Service Employees International Union, A. F. of L„ on behalf of some of your employees, would, if granted retroactively, increase your costs, reasonably allocable to that contract, of performing such services rendered on and after January 1, 1953; Provided, however, That you agree with the customers for whom you perform services at these increased prices that you will refund to them the amount, if any, by which these increased prices ex¬ ceed your lawful ceiling prices for the period during which the services were rendered, as computed by you pursuant to section 4 of this supplementary regulation. Sec. 4. Ceiling prices. If you are located in the New York area, and sup¬ ply window washing or building jani¬ torial services, or both in that area, upon termination of the wage negotia¬ tions referred to in section 3, you are au¬ thorized to increase your ceiling prices in effect immediately before the effective date of this supplementary regulation, for such services, rendered under each of your contracts on and after the dates specified below, as follows: (a) By the amount by which the di¬ rect labor wage increase of $5.00 per week, and direct labor fringe benefits you granted to window cleaners who are members of Local 2 of the Building Service Employees International Union, A. F. of L., effective on or about October 18, 1952, increase your costs, reasonably allocable to that contract, of performing such services rendered on and after December 1, 1952; (b) By the amount by which the di¬ rect labor wage increases and direct labor fringe benefits which you granted to those of your employees who are 85 Serv 32:4502 members of Local 32J, Building Service Employees International Union, A. P. of L.. as a result of wage negotiations pending December 1, 1952, have in¬ creased your costs, reasonably allocable to that contract, of performing such services rendered on and after Decem¬ ber 1, 1952. (c) By the amount by which the direct labor wage increases and direct labor fringe benefits which you granted to those of your employees who are mem¬ bers of Local 32B, Building Service Em¬ ployees International Union, A. F. of L., as a result of wage negotiations pending December 1, 1952, have increased your costs, reasonably allocable to that con¬ tract, of performing such services on and after January 1, 1953. Sec. 5. Definitions, (a) When used in this supplementary regulation: (1) “Building janitorial services” shall include cleaning, washing and wax¬ ing of floors; vacuum cleaning and shampooing carpets, rugs and hangings in buildings; low and high cleaning of furniture and fixtures; furniture polish¬ ing; wall and partition washing, interior and Exterior metal polishing; washing blinds, shaded and electrical fixtures; cleaning lavatories or rest rooms; and furnishing porters, matrons, elevator operators and similar types of operating personnel in all types of buildings. The term does not include pest control serv¬ ices, such as exterminating, fumigating or disinfecting services; any exterior cleaning other than metal polishing; or the performance of any construction or related services, such as alterations, painting, decorating or redecorating. (2) “Window washing services” means the washing and cleaning of sash, case¬ ment and plate glass windows, glass par¬ titions and glass doors. (3) “Contracts” means written con¬ tracts or memoranda, data or records evidencing arrangements to supply or that you have supplied to your pur¬ chasers for a stated sum window washing or building janitorial services in the New York Area. (4) “Direct labor” means the labor which is used physically to perform the window washing or building janitorial services in the New York Area and does not include the performance of services in an executive, supervisory, general ad¬ ministrative or sales capacity. “Direct labor wage increases” means the wage increases for such direct labor and does not include direct labor fringe benefits as defined herein or any other labor costs. (5) "Direct labor fringe benefits” means direct labor costs other than wages and includes Federal social secur¬ ity taxes. Federal and New York State unemployment insurance taxes. New York State health insurance taxes, vaca¬ tion and holiday pay, workmen’s com¬ pensation and public liability insurance premiums, and supervisory pay of fore¬ men to the extent they are not direct labor employees. (6) “New York Area” means the Coun¬ ties of New York, Kings, Queens, Bronx, Richmond, Westchester, Nassau, and Suffolk. Effective date. This Supplementary Regulation 43 shall become effective Feb¬ ruary 16, 1953. Joseph H. FReehill, Director of Price Stabilization. February 16, 1953. FILE following 85 Serv 32:4502 (2-25-53) 85 Serv 32:4601 Dry Cleaning in the City of Spokane, Washington Ceiling Price Regulation 34 Supplementary Regulation 44 FEBRUARY 24. 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Ceiling Price Regulation 34, Supplementary Regulation 44] CPR 34—Services SR 44—DRY CLEANING IN THE CITY OF SPOKANE. WASHINGTON Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Supple¬ mentary Regulation 44 to Ceiling Price Regulation 34 is hereby issued. STATEMENT OF CONSIDERATIONS This Supplementary Regulation 44 to Ceiling Price Regulation 34 permits an increase in ceiling prices for dry cleaning services furnished at wholesale and retail by sellers located in the City of Spokane, Washington. A previous ceiling price increase granted to power laundries in the City of Spokane did not include dry cleaning services. An OPS study of operating costs and profit margins of a representative num¬ ber of dry cleaning service sellers in the City of Spokane, Washington accounting for approximately 80% of the total vol¬ ume of sales of these services, which amounted to $1,500,000 in 1951, reveals that they are suffering an impairment of their pre-Korean earnings as a result of increased labor and material costs. The action taken herein gives effect to the standards for individual price ad¬ justment contained in section 20 (a) of Ceiling Price Regulation 34 and permits the minimum increase necessary to maintain the financial stability of these dry cleaning service sellers and assure continued supply of these essential services. Under the provisions of this supple¬ mentary regulation, ceiling prices of sellers of dry cleaning services may be increased by 5 percent, such adjustment to be applied to the total amount of each invoice rendered to the customer and identified as the “OPS permitted price increase”. If this method is used to ap¬ ply the amount of the increase, the seller need not make the supplementary filing required by section 18 (c> of Ceiling Price Regulation 34. At the option of the dry cleaning service seller, however, the flat ceiling price for each article may be increased by 5 percent. Adjusted flat ceiling prices must, within 10 days after their determination, be filed with the appropriate OPS district office as re¬ quired by section 18, as amended, of Ceil¬ ing Price Regulation 34. Express au¬ thority is granted to make necessary changes in OPS posters. In the future, sellers subject to this supplementary regulation may not ob¬ tain an adjustment of their ceiling prices for dry cleaning services at wholesale and retail under section 20 of Ceiling Price Regulation 34. Any adjustment of ceil¬ ing prices under section 20 of Ceiling Price Regulation 34 heretofore granted is automatically revoked as of the effec¬ tive date of this supplementary regula¬ tion. In the formulation of this supplemen¬ tary regulation, the Director has con¬ sulted insofar as practicable with repre¬ sentative suppliers of these services, including representatives of trade asso¬ ciations, and consideration has been given to their recommendations. In the judgment of the Director of Price Sta¬ bilization the increases permitted by this supplementary regulation are necessary to effectuate the purpose of Title IV of the Defense Production Act of 1950, as amended. REGULATORY PROVISIONS Sec. 1. Purpose. 2. Relationship to Ceiling Price Regulation 34. 3. Adjustment of ceiling prices. 4. Application of section 20 of Ceiling Price Regulation 34. 5. Definitions. Authority: Sections 1 to 5 issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110; E. O. 10161, Sept. 9, 1950, 15 F. R. 6105, 3 CFR 1950 Sup. Section 1. Purpose. This supplemen¬ tary regulation permits sellers of dry cleaning services furnished at wholesale and retail located in the City of Spokane, Washington to increase their ceiling prices for wholesale and retail dry clean¬ ing services by 5 percent. Sec. 2. Relationship to Ceiling Price Regulation 34. All provisions of Ceiling Pi-ice Regulation 34 except as affected by the provisions of this supplementary reg¬ ulation shall remain in effect. Sec. 3. Adjustment of ceiling prices. You may, to the extent you supply dry cleaning services at wholesale or retail from locations in the City of Spokane, Washington increase your ceiling prices for the dry cleaning services thus sup¬ plied by 5 percent, by either of the fol¬ lowing methods: (a) You may apply such an adjust¬ ment to the total amount of each invoice rendered to the customer provided you shall clearly write or stamp on each such invoice beside the adjustment the words “OPS permitted price increase”. If you use this method of applying your price increase, you need not make the supple¬ mentary filing required by section 18 (c) of Ceiling Price Regulation 34. (b> You may, in lieu of the method provided in paragraph ia> of this sec¬ tion. increase by 5 percent the ceiling price of each dry cleaning service article. Within 10 days after your prices are es¬ tablished under this paragraph you must prepare and file with your district office of the Office of Price Stabilization a sup¬ plemental statement as required under section 18, as amended, of Ceiling Price Regulation 34 and must change your OPS poster prices or prepare and display a new poster to reflect the price increase permitted by this supplementary regula¬ tion. You may not establish prices un¬ der paragraph of this section once you have elected to establish prices un¬ der this paragraph. or , (b» or or of Ceiling Price Regulation 34 are hereby revoked upon the effective date of this regulation. Sec. 5. Definitions, (a) "Dry clean¬ ing services” as used in this supple¬ mentary regulation means services ren¬ dered in the cleaning of garments and other items primarily with fluids other than water and includes pressing. Effective date. This Supplementary Regulation 44 to Ceiling Price Regula¬ tion 34 shall become effective February 24. 1953. Joseph H. Freehill, Director of Price Stabilization. February 24, 1953. vV "V 1 • . ' • 1 . ■ I • ft, )t t ‘ r . -l i in'»rn 1 ) t T JMS- '.TK , ; . ■ • • : • V ■ D > 'li > • • K; '(JiO fll - . io .it1 Z) . , . ''II: v , ./ a . .i. - vo \ir '\z ■ ", ■ .■ ■■ : . FILE following 85 Serv 32:6 (6-1-51) 85 Serv 32:9201 FIELD PRICE INSTRUCTION NUMBER 13 May 23, 1931 Processing of Price Lists Filed Under Section 18 , CPR-34, the Services Regulation 1. Nature and Scope In order to insure the maintenance of adequate records and to have the prices of all sellers of services available to the Office of Price Stabilization, careful record keeping and filing with the District Office is required by Section 18. The filing of prices with the District Office within thirty days after the effective date of the regulation is necessary for the purpose of providing in¬ formation on individual sellers prices for enforcement purposes, for price veri¬ fication of new services and sellers, and as a valuable source of trade informa¬ tion. NOTE: Some District Offices will not have sufficient personnel to process these filings immediately. If this is the situation in your office, the filings should be kept in a safe and convenient place until they can be processed. It is important that these filings be handled properly. Accordingly, make certain that persons assigned to the task are fully acquainted with the instructions. In addition to the requirement that all sellers file lists of services sold. Section 6 provides that new establishments file their proposed prices prior to offering services for sale. It also requires that the prices of all new serv¬ ices be filed after the competitor's price has been selected. A separate set of instructions will be issued in the near future for pro¬ cessing filings of new sellers and new services. 2. Data to be Submitted No standard form is provided. Sellers are permitted to file price lists on their own stationary or plain paper. These statements must contain the following: (a) A complete description and identification of the services supplied during the base period of December 19, 1950 - January 25, 1951. (b) The highest prices charged or the rate or pricing method used for these services during the base period. (The price must be stated in exact terms and no description such as "$1.00 and up" is acceptable.) If a manual, manufacturer's list price or parts catalog is used, it should be clearly identified by name, edition, date, and the instances in which it was not followed during the base period. (c) All customary allowances, discounts, and other price differentials, which were customarily allowed or offered duriVig the base period with a description of the classes of customers and the prices charged to each class. (d) The name and address of the firm, date prepared, and the signature of the owner or other responsible person. 3. Initial Processing As soon as a price list is received, the following actions should be taken: (a) Stamp the date of receipt on the upper left margin. 85 Serv 32:9202 (b) Check the list to see that all of the required data (Section 2 above) are clearly stated. (c) If the list is complete it is ready for filing. (d) If the list is incomplete, the additional information necessary should be requested by letter. (See attached sample letter.) (e) The list and copies of any correspondence relative to it are then ready for filing. 4. Filing Price list files should be maintained for each county covered by a District Office. Within each county, price lists together with appropriate correspondence should be filed alphabetically by the name of the establishment. 5. Maintenance of Filings It shall be the responsibility of the District Office to maintain an up-to- date file of all sellers of services in the District who are covered by the Regu¬ lation. Since new establishments and sellers of new services are required by the Regulation to file price lists, the District Office can keep their lists up- to-date in respect to new sellers and services. The maximum value can be obtained from these records by filing them on a county-wide basis. 6. Utilization of Filings The principal uses for sellers lists are: (a) To provide information for enforcement and compliance purposes. (b) To provide a mailing list for distribution of regulations, orders, trade bulletins, etc. (c) To provide information for price determination. (d) To provide information for sampling techniques, surveys, and compila¬ tions of price patterns, and of the number of sellers, by type of service, area, etc. (e) To provide a means for checking competitors' price lists in order to determine prices for new sellers and new services. E. F. Phelps, Jr. Assistant Director 85 Serv 32:9203 FORM LETTER ECONOMIC STABILIZATION AGENCY OFFICE OF PRICE STABILIZATION (Address)_ (City-State) (Date) (Name of seller) (Address of Seller) (City-State) Dear Sir: Your statement of prices, filed under Section 18 of CPR-34, the Services Regulation, has been received in this office. A review of this statement indicates that certain information, required by the regulation, is lacking. In order to complete your statement of prices, please furnish the information check below. / 7 r~7 1. A complete description and/or identification of the services supplied during the base period of December 19, 1950 - January 25, 1951. 2. (a) The highest prices charged or (b) The rate or pricing method used for these services during the base period. (l) If a manual, manufacturers list price, or parts catalog is used, give the name, edition, date, and the instances in which you did not follow it during the base period. r~7 ri 3. 4. The name and address of the firm and the signature of the owner or other responsible person. Thank you for your prompt attention. John Doe Acting Director ) U. S. GOVERNMENT PRINTING OFFICE : 1951 0—949750 FILE following 85 Serv 32:9203 (11-27*51) 85 Serv 32:9901 OPS PUBLIC FORM NO. 42 (• 1/2 X 14) UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25. D.C. FORM APPROVEO BUDGET BUREAU NO. 94-RI61 APPLICATION FOR ADJUSTMENT OF A CEILING PRICE - AUTOMOTIVE AND FARM EQUIPMENT REPAIR SERVICES OR OTHER SERVICES PRICED BY A CUSTOMER’S HOURLY RATE (PURSUANT TO CEILING PRICE REGULATION 34, SECTION 20(a)) Tha individual company information raportad on this form is for ust in connection with tho De¬ fense Mobilization Program. Persons who have access to individual company information are subject topenalties for unauthorized disclosure. File TWO COPIES of this application and. TWO COPIES of all accompanying documents with the OFFICE OF PRICE STABILIZATION, WASHINGTON 25, D.C. This application form may be used by the suppliers of all services covered by CPR 34 whose prices are deter¬ mined by the use of a customers' hourly rate. An adjustment may be made only if there is m substantial financial hardship threatening your ability to continue to supply a service, 9 and if it will neither *increase your ceiling price above the level necessary to permit you to continue the sale of your services, 9 nor “ create, or tend to create a need for increases in the price of other sellers. 9 UTklE &E gS 'T A&Li's'MMnrf . ~'Jiddr7 7 T ) - fitty and State) SECTION I SERVICE FOR WHICH PRICE ADJUSTMENT IS REQUESTED (If price adjustment is requested for more than one customers’ hourly rate, supply information required by this question for each rate) BASE PERIOD DEC. 19. 19 50 - JAN. 25. 1951 CEILING. CUSTOMERS' HOURLY RATE PRESENT CEILING. CUSTOMERS' HOURLY RATE REQUESTED CEILINGCUSTOMERS' HOURLY RATE “Labor Sales* column (1) below means the total income derived from sales of service labor only; revenue from the sale of parts or materials used in connection with the sale of service labor should not be included. “Cost of Labor Sales" column (2) below means the amount-paid to productive mechanics or servicemen to produce the “Labor Sales* re¬ ported above. “Cost of Labor Sales* does not include the amount paid to employees such as porters, stock-room men, and supervisors, or the amount paid to productive mechanics or servicemen or “internal" work, that is, work which was not sold. SECTION II PERIOD LABOR SALES 0) COST OF LABOR SALES (2) (Applicant need not fill in spaces below) GROSS PROFIT ON LABOR SALES (1-2) (3) PERCENT GROSS PROFIT TO SALES (3 f 1) (4) A. 1949 TOTAL B. 1950 TOTAL 85 Serv 32:9902 (PAGE 1-- Continued) C. 1950 BY MONTHS January February March April May Juna July August Septembar Octo bar Novambar Dacambar D. PAST THREE MONTHS 1 95 1 95 195 (PAGE 2) E. ARE ALL YOUR 'LABOR SALES' PRICED BY THE CUSTOMERS' HOURLY RATE OR RATES □ YES □ NO IF -NO" APPROXIMATELY WHAT IS THE PERCENTAGE OF SUCH SALES WHICH ARE PRICED BY THESE RATE OR RATES? SECTION III SALES AND PROFIT CALENDAR YEAR 1949 CALENDAR YEAR 1950 THREE MONTHS SAME AS SEC. II ITEM D A. TOTAL SALES OF SERVICE DEPARTMENT INCLUDING SALES OF BOTH PARTS AND LABOR (If available) B. NET PROFIT OR LOSS ON SERVICE DEPARTMENT (If available) C. TOTAL SALES OF ENTIRE BUSINESS D. NET PROFIT OR LOSS ON ENTIRE BUSINESS E. AMOUNT OF OWNERS', GENERAL MANAGERS' AND OFFICERS' SALARIES 85 Serv 32:9903 (PAGE 2--Continued) SECTION IV PRODUCTIVE MECHANICS JULY 1, 1949 JULY 1, 1950 AT PRESENT A. TOTAL NUMBER OF FULL TIME PRODUCTIVE MECHANICS B. TOTAL NUMBER OF PART TIME PRODUCTIVE MECHANICS (Mechanic* or servicemen paid to produce the "LABOR SALES* report above) SECTION V To calculate the average straight time hourly wage, set down on work sheet the straight time hourly wage rate of each produc¬ tive mechanic or serviceman. The sum of these wages divided by the number of mechanics or servicemen, will give the average. WAGE RATE JAN. 15, 1950 JAN. 25, 1951 AT PRESENT AVERAGE STRAIGHT TIME HOURLY WAGE RATE OF YOUR PRODUCTIVE MECHANICS SECTION VI IS THIS APPLICATION BASED ON A REQUEST FOR WAGE INCREASE SUBMITTED TO THE WAGE STABILIZATION BOARD IF -YES' WHAT WOULD BE THE AVERAGE STRAIGHT TIME HOURLY RATE OF THE PRODUC¬ TIVE MECHANICS EMPLOYED AT THE PRESENT TIME IF YOUR APPLICATION IS GRANTED. $ □ YES □ N0 The undersigned certifies that he is making this application pursuant to the provisions of CPR 34, SEC. 20 (a), and that the above statements are true and that the firm for whose benefit application has been made is in compliance with Wage Stabiliza¬ tion Board and Office of Price Stabilization Regulations, and that the firm’s ceiling prices have been filed, as required by Sec. 18 of CPR 34 with the Office of Price Stabilization, and that the accounting practices employed in periods reported in this application are consistent with the practices required of the undersigned by the Bureau of Internal Review. NOTICE - A willfully false statement or representation is a criminal offense. tioIaTO'r'e: or owner oa author!zed officer TJTTF TITLE DISTRICT OPS OFFICE ADDRESS • (Number and Street) (City, Postal Zone , and S ta te ) OPS PUBLIC FORM NO. 42 ( BACK) > * 4 — FILE following 85 Serv 32:9903 (2-18-52) 85 Serv 32:9905 OPS PUBLIC PORM NO. 43 (REV. 2-52) UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25, D. C. APPLICATION FOR ADJUSTMENT OF CEILING PRICES FOR SERVICES PURSUANT TO CEILING PRICE REGULATION 34, SEC. 20(a) Read all instructions before complying with this form. File two copies of this application and two copies of all accompanying documents with your Office of Price Stabilization District Office. IMPORTANT: Incomplete data will either delay processing of your application or cause it to be denied. An adjustment may be made only if “your ceiling prices impair your normal earnings, in a representative pre-Korean period, to such an extent that the effective operation of your service business is threatened.’ In general, adjustments will be granted percentagewise for all your services. However, if you meet the qualifications for an adjustment and wish specific increases to be applied on certain services and have accurate records indicating the percentage volume each such service represents of your latest fiscal year’s total income, you may request the adjustment to be placed on those services. FORM APPROVED BUDGET BUREAU NO. 94-R 163.2 The individual company information raportad an this form is for usa in connection with tha De¬ fense Mobilization Program. Persons who have access to individual company information are subject to penalties for unauthorized disclosure. This form may be reproduced without change. NAME OF ESTABLISHMENT ADDRESS (Street and No. ) (City, Zone, State) NATURE OF YOUR BUSINESS AND TYPE OF SERVICE RENDERED SECTION I This Section and Section III are to be complied with if the total sales (gross income) of your entire business were $ 15,000 or more during your latest fiscal year GENERAL INSTRUCTIONS FOR SECTION I A. In every instance where profit and loss statements are required they must he furnished in detail. You must, in every case, state separately the income from the sale of services. (Where the prices for any services include the price for parts (not billed separately) the total of such sales may be reported as service sales.) B. If you had any price increases since the beginning of { our latest fiscal year, state separately the amount your atest fiscal year’s income would have increased if your present ceiling prices had been in effect for the entire year, and attach a sheet explaining how you arrived at this figure. HOW TO USE THIS SECTION: If in your 1949 fiscal year (or in the first year of a new firm started after January 1, 1949), your service sales volume was: (a) more than 80% of your total sales you must comply with the requirements of the following Part 1, only; (b) from 10% to 80% you must comply with Part 1, and comply also with Part 2, if you be¬ lieve the additional information would aid in more clearly presenting your position; (c) less than 10% you must comply with Part 2 (and Part 1, in addition, if you wish.) Indicate here with which of the Parts below you are complying. | | l | 1 2(a) j 1 2(b) PART 1: You must furnish the following: (a) A detailed profit and loss statement for your most recent fiscal year. (b) A detailed profit and loss statement for your 1949 fiscal year. (c) A detailed profit and loss statement covering all completed quarters subsequent to the close of your latest fiscal year. (d) A detailed profit and loss statement covering the quarters of your 1949 fiscal year corresponding to those submitted in 1(c) above. (e) If the amount of any write-off, depreciation, rent, interest or similar CHARGE TO EXPENSE in the latest fiscal year exceeds the amount charged for the same item in the 1949 fiscal year or if any such item in the reported sub¬ sequent periods exceeds the same item for the correspond¬ ing 1949 periods, explain fully. (f) Where amounts CHARGED TO EXPENSE for with¬ drawals by, or payments to, or amounts set aside for owners, partners, officers, stockholders, and relatives of any of them in the latest fiscal year exceed the amounts charged in the 1949 fiscal year, submit a list showing the names of the recipients and the amounts received oy each; also sub¬ mit a list where the amounts charged in the reported sub¬ sequent periods exceed the amounts charged for the cor¬ responding 1949 periods. PART 2: (a) If you customarily keep separate detailed profit and loss records for the service portion of your busi¬ ness, furnish the information required in Part 1 above for only the service portion of your business; and, in addition, for your entire business furnish only the total sales and net profit before income taxes. (b) If the immediately above Paragraph (a) applies but you cannot furnish the information required, you must, in^ order to obtain consideration for an adjustment for the services supplied, furnish the following information for your 1949 fiscal year and your most recent fiscal year: (1) For your entire business; (i) your total sales; (ii) the net profit before income taxes. (2) Total sales of the services for which you re¬ quest price increases. (3) Total productive labor cost incurred in the sale of the services reported in (2) above. (4) Total direct material cost incurred in the sale of the services reported in (2) above. (This means material or parts, supplied in connection with the services sold that were not billed separately on your customers’ invoices.) (5) Also submit all of the above information for all completed 3-month, 6-month, or 9-month periods subsequent to the close of your latest fiscal year and for the correspond¬ ing period of youi/1949 fiscal year. (If applicable, complete the remainder > f this Section at the top of Page 2) 85 Serv 32:9906 OPS PUBLIC FORM NO. 43 IRtV. x.SZMPAGE 2) PART 3. IF WAGE INCREASES WERE PLACED IN EFFECT DURING THE LAST 12 MONTHS, COMPLETE THIS SECTION C. IF THE WAGE OR SALARY INCREASES REPORTED IN THIS SECTION HAD BEEN IN EFFECT FOR THE ENTIRE LATEST FISCAL YEAR. SHOW THE AMOUNT YOUR EX¬ PENSES WOULD HAVE BEEN INCREASED FOR THAT YEAR. EXPLAIN FULLY HOW YOU ARRIVED AT THIS AMOUNT. $ SECTION II This Section is to be filled, out only if the total sales (gross income) of your entire business were less than $15,000 during your last fiscal year. You must also comply with trie requirements of Section Ill. The information required in this Section must represent the LATEST SIX MONTHS for which figures are available, and the corresponding SIX MONTHS of 1949. 1 . Submit the following information covering your entire business for the recent 6-month period and the corresponding 6 months of 1949. If the total sales of your entire business in the last 12 months exceeded $15,000, you must use Section I. ITEM LATEST SIX MONTHS CORRESPONDING SIX MONTHS OF 1949 TOTAL SALES EXPENSES: Wages and Salaries Paid ( Owners’ salaries and withdrawals must not be included in this or any other item as an expense) Cost of Materials Actually Used Rent Heat, Light and Power Depreciation Interest Paid Taxes, Other than Income Taxes All Other Expenses (Itemize on separate sheet). TOTAL EXPENSES BALANCE (Total Sales minus Total Expenses) 85 Serv 32:9907 SECTION II (Continued.) . STATE HERE THE SIX-MONTH PERIOD FOR WHICH YOU ARE SUBMITTING THE REOUI RED INFORMATION FROM TO INCLUSIVE 3. WHAT WERE YOUR TOTAL SALES OF THE SERVICES FOR WHICH YOU ARE REQUESTING PRICE INCREASES. FOR THE ABOVE SIX.MONTH PERIOD AND FOR THE CORRESPONDING SIX MONTHS OF 1949? RECENT < MONTHS $ SAME 6 MONTHS OF 1949 $ 4. Where any amounts were charged to expense for withdrawals by, or payments to, or amounts set aside for owners, partners, officers, stockholders, and relatives of any of them during each 6-month period reported under Paragraph 1 of this section, sub¬ mit a list showing the names of the recipients and the amounts received by each. Also show how much, if any, of these amounts were included in the “Wages and Salaries Paid” item under Paragraph 1 of this Section II. Place opposite each name listed the average number of hours of work performed weekly and the type of work performed by each for each six-month period. 5. IF MEMBERS OF YOUR FAMILY ARE REGULARLY EMPLOYED IN THE FIRM BUT RECEIVE NO COMPENSATION. LIST ON A SEPARATE SHEET THEIR NAMES. THE DUTIES THAT EACH OF THEM PERFORMS. AND THE NUMBER OF HOURS PER WEEK THAT EACH OF THEM IS EMPLOYED IN THE FIRM. Hava you attached such a list? □ YES □ NO 6. If wage increases were placed in effect during the last six months^ fill in the information required in Section I, Parts 3A and 38. (Show in Column (g), Part 3B, the amounts paid during the last SIX months.) SECTION III (All applicants must supply the information requested in this Section) 1. If you are requesting a specific across-the-board percent¬ age increase on the selling prices for all the services you supply, state the across-the-board percentage increase re¬ quested and furnish a list of the services you supply repre¬ senting more than fifty percent of your volume of service sales and their present ceiling prices. If you are not requesting an across-the-board percentage increase for ail services, fur¬ nish, instead, the data requested in Paragraph 2. 2. If you are requesting price increases for particular serv¬ ices, list their present ceiling prices and the prices you request and show the percentage of your total service sales accounted for by each service in the latest fiscal year. Un¬ less these volume percentages are submitted, increases for one or more particular services cannot be considered. 3. If the requested ceiling price or prices had been in effect for the entire latest fiscal year, show the amount your income would have been increased for that year and explain fully how you arrive at tliat amount. AMOUNT $ _ 4. HAVE PRICES FOR ANY OF THE SERVICES YOU SELL BEEN ADJUSTED BY OPS SINCE JANUARY 25^' I951T mp vts lH n ° If “yes,” cite orders or regulations granting authority for such adjustments: The undersigned certifies that to the best of his knowledge he is making this application pursuant to the provisions of CPR 34, Sec. 20(a) and that the above statements are true and that the firm for whose benefit application has been made is in compliance with Wage and Salary Stabilization Boards and Office of Price Stabilization Regulations, and that the firm’s ceiling prices have been filed, as required by Sec. 18 of CPR 34, with the Office of Price Stabilization, and that the accounting prac¬ tices employed in periods reported in this application are in accord witn generally accepted accounting principles consistently applied. NOTICE: A willfully false statement or representation is a criminal offense. GIVE LOCATION OF OPS DISTRICT OFFICE WHERE YOU FILED YOUR STATEMENT OF CEILING PRICES FOR SERVICES SIGNATURE OF OWNER OR AUTHORIZED AGENT TITLE DATE OF THIS APPLICATION OPS PUBLIC FORM NO. 43 (REV. 2.52) (PAGE 3) A ■ - 85 Serv 33:C1 FILE following 85 Serv 32:9907 (12-9-52) (REMOVE to Source File 85 Serv 33:1-17) Ceiling Price Regulation 61 Collation 1 Including Amendments 1—4 DECEMBER 9, 1952 WASHINGTON Exports OFFICE OF PRICE STABILIZATION TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 61, Collation 1] CPR 61—Exports COLLATION 1 —INCLUDING AMENDMENTS 1-4 Ceiling Price Regulation 61 is repub¬ lished to incorporate the texts of Amendments 1 through 4, inclusive. Ceiling Price Regulation 61 was issued July 30, 1951 (16 F. R. 7597). State¬ ments of Consideratioi?f or Ceiling Price Regulation 61, and for Amendments 1-4, inclusive, as previously published, are applicable to this republication. The ef¬ fective dates of this regulation, and of the amendments, are shown in a note preceding the first section of the regula¬ tion. REGULATORY PROVISIONS ARTICLE I—SCOPE OF REGULATION Sec. 1. What this regulation does. 2. Applicability and prohibitions. ARTICLE n—PRICING METHOD 3. Formula for export sales. 4. Formula for sales for export. 6. Calculation of base period percentage export markup. 6. Formula where no sales of the type being priced were made during the base period. 7. Restrictions on multiple handling. 8. Transfer of business or stock in trade. 9. Duties and taxes. 10. Records. 11. Exemptions and suspensions. 12. Evasion. 13. Enforcement. 14. Petitions for amendment. 15. Definitions. 16. Reports. Authority: Sections 1 to 16 issued under 64 Stat. 816, as amended; 50 U T S. C. App. Sup. 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup. 2101-2110, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 CFR, 1950 Supp. Derivation: Sections 1 to 16 contained in Celling Price Regulation 61, July 30, 1951 (16 F. R. 7597), except as otherwise noted in brackets following text affected. ICrrEcnvE Dates: CPR 61, August 6, 1951, “oir any earlier date at which you file infor¬ mation in accordance with section 5 (d)” (16 F. R. 7597). Amendment 1, August 28, 1951, 16 F. R. 8798. Amendment 2, January 16. 1952, 17 F. R. 390, 721. Amendment 3, November 22, 1952, 17 F. R. 10509. Amendment 4, November 22, 1952, 17 F. R. 10545. ARTICLE I—SCOPE OF REGULATION Section 1. What this regulation does. This regulation provides a formula for computing ceiling prices for commodi¬ ties which are exported or sold for ex¬ port from the continental United States. [Section 1 amended by Arndt. 2] Sec. 2. Applicability and prohibi¬ tions —(a) Applicability. This regula¬ tion is applicable to the exportation of commodities from the continental United States. Exports from a territory or possession of the United States are not covered by this regulation, as amended. Such exports from a territory or pos¬ session are subject to the General Ceil¬ ing Price Regulation unless they are now, or until they are hereafter, covered by a numbered ceiling price regulation. This regulation applies to all export sales and sales for export except those sales specifically exempt from price con¬ trol under any regulation issued by the Director of Price Stabilization. How¬ ever, the provisions of the following enumerated regulations and of all subse¬ quent regulations will continue in effect insofar as they expressly may apply to export sales or sales for export: Section 14 of the General Ceiling Price Regulation; Supplementary Regulation 8 to the General Ceiling Price Regula¬ tion, dealing with coal exporters; Sup¬ plementary Regulation 9 to the General Ceiling Price Regulation, dealing with export commitments entered into before February 2, 1951; Supplementary Regu¬ lation 34 to the General Ceiling Price Regulation, dealing with beef sausage; Ceiling Price Regulation 5 on iron and steel scrap; Ceiling Price Regulation 8 on upland cotton; Ceiling Price Regula¬ tion 19 on tungsten concentrates; Ceil¬ ing Price Regulation 24 on wholesale beef; Ceiling Price Regulation 28 on new cotton, linen and underwear cuttings; Ceiling Price Regulation 29 on scrap ma¬ terials containing nickel; Ceiling Price Regulation 33 on tungsten products; Ceiling Price Regulation 36 on used steel drums; Ceiling Price Regulation 43 on zinc scrap; Ceiling Price Regulation 46 on copper and copper alloy scrap; Ceil¬ ing Price Regulation 47 on brass mill scrap; Ceiling Price Regulation 49 on wood pulp; Ceiling Price Regulation 53 on lead scrap; Ceiling Price Regulation 54 on aluminum scrap; Ceiling Price Regulation 59 on scrap rubber; and Ceiling Price Regulation 74 on pork sold at wholesale. (b) Prohibitions. On and after the effective date of this regulation, (l).you shall not export or sell for export any commodities covered by this regulation at prices higher than the ceiling prices fixed by this regulation; (2) you shall not buy dr receive for export in the course of trade or business any com¬ modity covered by this regulation at prices higher than the ceiling prices fixed by this regulation; and (3) you shall not agree, offer, solicit or attempt to do any¬ thing prohibited in this regulation. Nothing in this regulation shall prohibit your use of any customary and reason¬ able invoicing practice: Provided, That (i) you do not retain for your own ac¬ count, directly or indirectly, any amount in excess of the ceiling price allowed under this regulation and (ii) you first obtain written approval from the OPS National Office for the invoicing to your foreign buyer’s customer or anyone else of a price which exceeds your ceiling price under this regulation. (c) Sales between companies under common control. Except in respect to companies integrated or related solely for the purposes of the Webb-Pomerene Act (Act of April 10, 1918, c. 50, 40 Stat. 516; 15 U. S. C. sec. 61-65) this regula¬ tion permits integrated or related com¬ panies, which are domiciled in the conti¬ nental United States, when the com¬ panies are either directly or indirectly under common control, or when their relationship is that of parent and sub¬ sidiary to: (1) Notify the OPS National Office in writing that they choose to con¬ sider all of such integrated or related companies as a unit so that inter-com¬ pany transactions will not be subject to the provisions of this regulation; or (2) continue such inter-company transac¬ tions on the same basis as though each company in the group were independent and in all respects subject to the provi¬ sions of this regulation. If integrated or related companies choose option (1) un¬ der this section then this regulation ap¬ plies to the sale or shipment by such integrated or related companies to the first subsidiary, related or independent company or buyer, domiciled outside the continental United States. [Paragraph (c) added by Amdt. 2, as cor¬ rected] [Section 2 amended by Amdt. 2] ARTICLE II—PRICING METHOD Sec. 3. Formula for export sales —(a) Merchant Exporters. If you are a mer¬ chant exporter, your ceiling price on the export sale of any commodity covered by this regulation to any class of buyer shall be either (1) the domestic ceiling price of your supplier applicable to you at point of delivery, plus a percentage markup used in the base period, January 1, 1949-June 30, 1950, calculated in ac- *For Statements of Consideration see Source File, pages 85 Serv 33 : 1 , 7, 9, 15 and 17. 85 Serv 33:C2 cordance with section 5 of this regula¬ tion, or (2), your domestic ceiling price to a buyer of the same class. You may add to either of these prices, the costs of exportation incurred by you in connec¬ tion with such sale. If you made no base period sales of the commodity or product line you are pric¬ ing to buyers of the class for which you are pricing, your base period percentage markup, when allowed under this sec¬ tion, shall be calculated in accordance with, and otherwise be subject to, sec¬ tion 6 of this regulation. [Paragraph (a) amended by Arndt. 2] (b) Producer exporters. (1) If you are a producer exporter, your ceiling price for the export sale of any com¬ modity covered by this regulation to any class of foreign buyer, shall be either your domestic ceiling price, at point of delivery, applicable to a sale of the com¬ modity for domestic consumption to a buyer of the same class as the buyer for which you are pricing, or your domestic ceiling price, at point of delivery, to your largest buying class of domestic pur¬ chaser. To the domestic ceiling price chosen by you, add a percentage markup used in the base period January 1, 1949, to June 30, 1950, inclusive, calculated in accordance with section 5 of this regula¬ tion, plus costs of exportation actually incurred by you in connection with such sale. If you made no base period sales of the commodity or product line you are pricing to foreign buyers of the class for which you are pricing, your markup shall be calculated in accordance with section 5 of this regulation but shall be based on other base period sales as pro¬ vided for in section 6 of this regulation. [Subparagraph (1) amended by Arndt. 1] (2) If you are a producer exporter who sells the commodity you are pricing ex¬ clusively in the export trade, and you have no domestic ceiling price for it, you shall determine your export ceiling price in one of the following ways: (i) You may use your export ceiling price under the General Ceiling Price Regulation as part of your export ceiling price under Ceiling Price Regulation 61; or (ii) You may use a substitute price in lieu of a domestic ceiling price for the purpose of calculating your export ceil¬ ing price under CPR 61. This substitute domestic price shall be determined in ac¬ cordance with the General Ceiling Price Regulation, or any other price regula¬ tion applicable to producers of the com¬ modity you are selling, even though you are not pricing, and do not intend pric¬ ing any commodity for domestic sales under that regulation. To this substi¬ tute domestic price you may add a mark¬ up established in accordance with sec¬ tion 6, as well as the costs of exportation incurred by you in connection with such a sale. Before you sell at the export ceiling price determined above under this sec¬ tion, you must apply in writing to the Office of Price Stabilization, Export-Im¬ port Branch, Washington 25, D. C., set¬ ting forth fully the price (including GCPR or substitute domestic) and the method and regulation used to establish it. Unless your proposed export ceiling price is rejected by the Office of Price Stabilization within ten days of the post¬ marked date of your letter, you may proceed with sales until advised to the contrary. If you have, on January 16, 1952, an export ceiling price approved under this regulation for a commodity sold by you exclusively in the export trade, you may continue to use that ceil¬ ing price until you establish another price under this section. [Subparagraph (2) amended by Arndt. 2] Sec. 4. Formula for sales for export — (a) Merchant exporters. If you are a merchant exporter (seller) your ceiling price on the sale for export of any com¬ modity covered by this regulation and sold by you also in the domestic market shall be your domestic ceiling price at point of delivery to a buyer of the same class as the merchant exporter (buyer) for which you are pricing. If the com¬ modity is sold by you exclusively in the export trade, your ceiling price may in¬ clude either (1) your cost of acquisition plus a markup computed under section 5, or (2) your domestic ceiling price at point of delivery if you were to make a domestic sale to a buyer of the same class as the merchant exporter for which you are pricing. You may add to any of the above prices, the costs of exportation in¬ curred by you in connection with such sale. This paragraph is strictly limited by the provisions of section 7 ( Restric¬ tions on multiple handling ) which you should read together with this para¬ graph. (b) Producer exporters. (1) If you are a producer exporter, your ceiling price for the sale for export of any com¬ modity covered by this regulation may include your domestic ceiling price at point of delivery to a buyer of the same class as the merchant exporter for which you are pricing, plus a percentage mark¬ up used in the base period and calculated under section 5. You may add to this price the costs of exportation incurred by you in connection with such sale. (2) If you are a producer exporter who sells the commodity you are pricing exclusively in the export trade, and you have no domestic ceiling price for it, you shall determine your ceiling price on a sale for export in one of the following ways : (i) You may use your ceiling price on sales for export under the General Ceiling Price Regulation as part of your ceiling price on sales for export under Ceiling Price Regulation 61; or (ii) You may use a substitute price in lieu of a domestic ceiling price for the purpose of calculating your ceiling price on sales for export of the commodity. This substitute domestic ceiling price shall be determined under the General Ceiling Price Regulation or any other price regulation applicable to producers of the commodity you are selling, even though you are not pricing, and do not intend pricing any commodity for do¬ mestic sales under that regulation. To this substitute price you may add a markup established in accordance with section 6, as well as the costs of exporta¬ tion incurred by you in connection with such sale. Before you sell at the export price de¬ termined above under this section, you must apply in writing to the Office of Price Stabilization, Export - Import Branch, Washington 25, D. C., setting forth fully the price (including GCPR or substitute domestic) and the method and regulation used to establish it. Un¬ less your proposed price on a sale for export is rejected by the Office of Price Stabilization within ten days of the post¬ marked date of your letter, you may pro¬ ceed with sales until advised to the con¬ trary. If you have, on January 16, 1952, a ceiling price on your sales for export approved under this regulation for a commodity sold by you exclusively in the export trade, you may continue to use that price until you establish another ceiling price under this section. [Section 4 amended by Amdt. 2) Sec. 5. Calculation of base period per¬ centage export markup, (a) If-you are a merchant exporter or a producer ex¬ porter and are entitled to a base period percentage markup under the provisions of section 3 or 4 of this regulation for the sale of a commodity covered by this regulation, such markup shall be cal¬ culated as set forth below. The markup derived for any product line shall be applied to each commodity falling with¬ in such product line (as defined in section 15 (b) (14)). (1) You shall choose from the base period any representative calendar quar¬ ter you wish for each of the groups of commodities set forth in Schedule B of the Department of Commerce,—A Statis¬ tical Classification of Domestic and For¬ eign Commodities exported from the United States,—dated January 1, 1949, as supplemented. These groups are: Group 00—Animals and Animal Prod¬ ucts, edible; Group 0—Animals and Ani¬ mal Products, inedible; Group 1—Vege¬ table Food Products and Beverages; Group 2 —Vegetable Products, inedible except Fibers and Wood; Group 3—Tex¬ tile Fibers and Manufactures; Group 4— Wood and Paper; Group 5 —Non-metallic Minerals; Group 6—Metals and Manu¬ factures, except Machinery and Vehicles; Group 7 — Machinery and Vehicles; Group 8—Chemicals and Related Prod¬ ucts; and Group 9 — Miscellaneous. However, you may use the same repre¬ sentative quarter for all, or any number of these groups. If you had no sales of the commodity or product line being priced during the representative quarter chosen by you for the group to which the commodity belongs, you shall take your sales for that commodity or product line in a quarter of the base period nearest in time to that representative quarter. If you have, on January 16, 1952, a markup calculated in accordance with section 5 of this regulation, you may con¬ tinue to use that markup. You may, however, re-calculate your markup, using the different quarters as author¬ ized under this section. If you recalculate or determine for the first time your markup under this section, your report to the Office of Price Stabilization under this regulation must identify the grouping as enumerated and described in this section. [ Subparagraph (1) amended by Amdt. 2 ] (2) You determine from your records for a representative calendar quarter of 85 Serv 33:C3 the base period all of your sales of the type upon which your base period markup is to be calculated, i. e., either sales of the commodity or product line you are pricing to the class of buyer for which you are pricing, or sales of a kind you are permitted to use under the pro¬ visions of section 6 of this regulation. (3) You then determine the total dol¬ lar sales value of all such sales for each commodity or product line. (4) You then select, from such sales, any sale or sales which accounted for at least 25 percent of your total dollar sales value of all such sales, and calculate the weighted average percentage markup reflected in such sales over your base (ii) You may select sales # 1 and # 3 in order to determine the markup. You may not select either sale # 1 or sale # 3 alone, since neither sale alone accounts for twenty-five percent of the total dol¬ lar sales value of base period sales. Tak¬ ing a weighted average of the percent¬ age markups yielded by the two sales (sale # 1 yielding 12% or $24.00 and sale # 3 yielding 10% or $95.00), you obtain a base period percentage markup of 10.34% ($24.00+$95.00-^$1,150.00). (b) In every case where you, whether merchant exporter or producer exporter, calculate for the first time the percent¬ age markup you are going to use or do use in the export sale or sale for export of a commodity or product line covered by this regulation, you shall furnish the Office of Price Stabilization District Of¬ fice in your area by registered letter with the following information in duplicate: (1) The commodity or product line, including a list of the commodities in the product line; (2) Whether you are a merchant ex¬ porter, or a producer exporter, or both, in respect to each commodity or product line listed; (3) The class of buyer; (4) Whether an export sale or sale for export; (5) Your representative calendar quarter; and (6) The percentage markup you are permitted to use under this regulation. (7) If you are not permitted to take a markup, or it is not your present sales policy to take a permissible markup on your export sales or sales for export, you are nevertheless required to report this fact. This information shall be reported with¬ in fifteen days after your first sale of the commodity or product line under this regulation, and may be provided on OPS Public Form No. 72 available at any office of the Office of Price Stabilization. Once you have furnished such information for period cost of acquisition if you are a merchant exporter, or over your base period domestic selling price if you are a producer exporter, as illustrated in the example below. The result is your per¬ centage markup for sales of the com¬ modity or product line you are pricing to the class of buyer involved. (If you selected a single sale, which accounts for 25 percent or more of your total dol¬ lar sales value of such sales, you may use the percentage markup yielded by that single sale.) (i) Example: Suppose the base period sales upon which you are calculating your markup under the provisions of this section were as follows: the sale of a particular commodity or product line to a particular class of buyer, you need not again advise the Office of Price Stabilization with respect to your pricing of that type of sale. [Paragraphs (b) and (c) deleted by Amdt. 2; Paragraph (d) redesignated (b) by Amdt. 2, amended by Amdt. 3] Sec. 6. Formula where no sales of the type being priced were made during the base period, (a) If you, either merchant exporter or producer exporter, did not sell during the base period the commod¬ ity or product line you are pricing to the class of buyer for which you are pricing, and if you are entitled under the provi¬ sions of section 3 or 4 of this regulation to a markup on such sale, such markup shall be calculated in accordance with section 5 of this regulation but shall be based on base period sales of the type set forth below in the following order of preference: (1) Base period sales of the commod¬ ity or product line you are pricing to buyers of the class most closely related to the class for which you are pricing. (2) Base period sales of a “compari¬ son commodity” or comparison product line to buyers of the class for which you are pricing. (3) Base period sales of a comparison commodity or comparison product line to buyers of the class most closely related to the class for which you are pricing. If you calculate your base period per¬ centage markup by reference to one of the types of base period sales set forth above, you shall, before making sales of the commodity or product line you are pricing, advise the Office of Price Sta¬ bilization, Export-Import Branch, Wash¬ ington 25, D. C., by registered letter, and in duplicate, of the markup you propose to use, showing in detail how it was com¬ puted and naming the comparison com¬ modity or comparison product line and/ or class of buyer with respect to which your markup was calculated. The infor¬ mation may be provided on a form available at Office of Price Stabilization offices. Unless this proposed markup is rejected by the Office of Price Stabiliza¬ tion within ten days of the postmarked date of your letter, you may proceed with sales until advised to the contrary. (b) If you are unable to compute a markup for the commodity or product line you are pricing, under paragraph (a) of this section, or under any provi¬ sions of this regulation, you may apply in writing to the Office of Price Stabiliza¬ tion, Export-Import Branch, Washing¬ ton 25, D. C., for the establishment of a markup which is in line with the markup currently prevailing in the trade. Your application shall contain (1) an explana¬ tion of why you are unable to compute a markup under this regulation; (2) a complete description of the commodity or product line; (3) the type of sale being priced (i. e., export sale or sale for export) including the class of buyer in¬ volved; (4) the nature of your business; (5) the markup, if any, currently pre¬ vailing in the trade for the commodity or product line and how you determined this markup to be the one prevailing; and (6) your proposed markup for the commodity or product line, together with an explanation of the method by which it was computed. The information may be provided on a form available at Office of Price Stabilization offices. Un¬ less this proposed markup is rejected by the Office of Price Stabilization within ten days of the postmarked date of your letter, you may proceed with sales until advised to the contrary. ARTICLE HI—GENERAL PROVISIONS Sec. 7. Restrictions on multiple han¬ dling. If you are a merchant exporter making a sale for export of a commodity purchased by you from another mer¬ chant exporter, you may not sell at a markup over your domestic ceiling price or your cost of acquisition, whichever is higher, except upon approval of your application for such a markup by the Office of Price Stabilization, Export- Import Branch, Washington 25, D. C. This application shall set out your pro¬ posed new ceiling price (including a sep¬ arate statement of your cost of acquisi¬ tion, your domestic ceiling price and your proposed markup) and a full justi¬ fication for your proposed new ceiling price. The Office of Price Stabilization will not allow such markups in the ab¬ sence of a very clear showing of neces¬ sity which is also supported by the cus¬ tomary and reasonable past practice of the applicant. [Section 7 amended by Amdt. 2] Sec. 8. Transfer of business or stock in trade. If the business, assets, or stock in trade of any business are sold or otherwise transferred after June 30, 1950, and the transferee carries on the business in whole or in part, or continues to deal in the same type of commodities, the markups of the transferee shall be the same as those to which the transferor would have been entitled if no such transfer had taken place, and his obliga¬ tion to keep records sufficient to verify such prices shall be the same. The transferor shall either preserve and make available, or turn over to the transferee Sale Cost of acquisition or domestic selling price Costs of ex¬ portation ' Markup Export sales price Percentage markup over cost of acquisition or domestic selling price Percentage of total sales No. 1. $200 $26.00 $24.00 $250 12 S No. 2... 325 39.25 35.75 400 11 8 No. 3.... 950 55.00 95.00 1.100 10 22 No. 4... 1,090 61.90 98. 10 1,250 9 25 No. 5. 1,750 92.50 157.50 2,000 9 40 Total. 5,000 > Not to be Included in determining the markup. 85 Serv 33:C4 all records of transactions pnor to the transfer which are necessary to enable the transferee to comply with the record provisions of this regulation. Sec. 9. Refunds of duties and taxes. If you are a producer exporter or a merchant exporter, and are computing a ceiling price under section 3 or 4 of this regulation for export sales or sales for export of any commodity covered by this regulation, to the extent provided herein you shall in the case of the pro¬ ducer exporter, subtract from your ap¬ plicable domestic ceiling price f. o. b. your plant, and in the case of the mer¬ chant exporter subtract from the domes¬ tic ceiling price of your supplier or from your domestic ceiling price: (a) The amount of any estimated drawback or refund of import duties or excise taxes less the cost incurred in obtaining such amount; (b) The amount of any excise tax not paid upon a commodity to be exported or sold for export but included in your ap¬ plicable domestic ceiling price, if you are a producer exporter, or in your do¬ mestic ceiling price, or in the domestic ceiling price of your supplier if you are a merchant exporter; (c) Provided, however, That if it was your established and uniform practice during the base period to receive any of the above refunds or taxes for your own account without reducing your export prices accordingly, you may continue to receive them in accordance with such established and uniform practice. [Section 9 amended by Amdt. 2] Sec. 10. Records, (a) You shall pre¬ serve and keep available for examination by the Office of Price Stabilization for So long as the Defense Production Act is in effect and for two years thereafter those records showing how you deter¬ mined the export markup you charged during the base period, and those records in your possession showing customary price differentials, and the conditions of sale, which you had in effect during the base period. (b) You shall prepare and keep avail¬ able for examination by the Office of Price Stabilization for a period of two years records showing for each sale or contract the commodity, the date, the names of the parties thereto, and the prices charged, together with any other records you customarily keep. If you are a merchant exporter, you must also maintain records showing the cost of the commodity or product line to you and the costs of exportation. Sec. 11. Exemptions and suspensions. (a) This regulation does not apply: (1) To sales of commodities for which export ceiling prices will hereafter be specifically established under other reg¬ ulations or supplements; or (2) To sales of commodities which are suspended or exempted from price con¬ trol by regulation of the Office of Price Stabilization irrespective of whether such regulation is by its terms applicable or inapplicable to export transactions. Such suspension or exemption shall be applicable to the same extent to similar sales covered by CPR 61 as though the suspension or exemption in such other regulation were specifically applicable to export sales and sales for export. For example, if price controls are suspended under another regulation for domestic sales of a commodity by manufacturers, then export sales and sales for export of such commodity by manufacturers or producer-exporters are suspended from price control under CPR 61; if such sus¬ pension is applicable to domestic sales by wholesalers, then export sales and sales for export by wholesalers or mer¬ chant exporters are suspended from price control under CPR 61. In exclusion of a seller or commodity from the coverage of a regulation because that seller or commodity is covered by another regu¬ lation does not constitute a suspension or exemption from price control within the meaning of this section. [Paragraph (a) amended by Amdt. 4] (b) Nothing in this regulation shall operate to prevent the performance of a written contract for the export sale of a commodity entered into prior to July 30, 1951, and executed in compli¬ ance with the provisions of any validly existing regulation or order of the Of¬ fice of Price Stabilization, provided that delivery is made on or before December 31, 1951. (c) This regulation does not apply to export sales of any commodity by the United States Government or any agency thereof. (d) This regulation does not apply to export sales of commodities which have been transported into the United States for transshipment abroad and which do not enter into the domestic commerce of the United States and which are either: (1) Entered at Customs in transit on a “Transportation and Exportation (TE) entry” or on an "Exportation (Exp.) entry”, or (2) Stored in transit in a Customs bonded warehouse or stored in a foreign trade zone. (e) This regulation does not apply to export sales of a commodity which has been processed or manufactured in bond under Customs supervision exclu¬ sively from imported materials, which is not withdrawn from bond for do¬ mestic consumption in the United States, and which is subsequently ex¬ ported. (f) This regulation does not apply to export sales of a commodity manufac¬ tured or produced from imported textiles or imported metals: Provided, (1) That the constituent imported components thereof make up not less than 90 percent by weight or unit of the exported com¬ modity, and (2) that the Customs Draw¬ back Regulations (Part 22, Customs Regulations of 1943) are complied with in all respects. (g) The provisions of this section re¬ ferring to export sales also apply to sales for export. [Paragraph (g) added by Amdt. 2] Sec. 12. Evasion. Any practice which results in obtaining indirectly a higher price than is permitted by this regulation is a violation of this regulation Such practices include, but are not limited to, devices making use of commission, serv¬ ices. cross sales, transportation arrange¬ ments, premiums, discounts, special privileges, tie-in agreements or combi¬ nation sales, and trade understandings. Sec. 13. Enforcement. If you violate any provision of this Ceiling Price Regu¬ lation you are subject to the criminal penalties, civil enforcement actions, and suits for treble damages provided for by the Defense Production Act of 1950. Sec. 14. Petitions for amendment. If you wish to have this regulation amended, you may file a petition for amendment in accordance with the pro¬ visions of Price Procedural Regulation 1, Revised (16 P. R. 4974). Sec. 15. Definitions. The terms used in this Ceiling Price Regulation shall be construed in the following manner: (a) Sellers and buyers —(1) “Producer exporter.” This term means a person who manufacturers, or produces the commodity he exports or sells for export. A person shall, moreover, be considered a producer exporter if the commodity he sells is manufactured either: (i) By an¬ other for his account and to his specifi¬ cation, or (ii) by a parent company, by a controlled producer subsidiary, or by any producer company, controlled di¬ rectly or indirectly by a common parent. (2) “ Merchant exporter.” This term means a person who is not a producer exporter but who in the normal course of business exports commodities purchased by him for his own account. (3) “Exporter.” This term means any person selling a commodity, either di¬ rectly or through an agent, for delivery or shipment to any place outside the continental United States. (4) "Class of buyer.” This term means that group of persons to which you sell commodities’covered by this regulation and which you distinguish from other groups of buyers with respect to quantity purchased or trade function. In the case of an export sale, the only permissi¬ ble groupings according to trade func¬ tion shall be: the United States Gov¬ ernment or its agencies; foreign govern¬ ments or their agents, including foreign government purchasing missions; indus¬ trial end users; distributors; wholesalers; retailers; individual consumers; and American firms purchasing for use in foreign field operations. In the case of a sale for export, the only permissible grouping according to function in the trade shall be merchant exporters. [Paragraph (a) amended by Amdt. 2| (b) Pricing —(1) “Domestic ceiling price of your supplier at point of de¬ livery.” This phrase means the highest price at the point of delivery which a merchant exporter may, under appli¬ cable ceiling price regulations governing domestic sales, pay his supplier for a commodity which the merchant exporter subsequently exports or sells for export. (2) "Base period percentage mark¬ up.” This term means a percentage markup calculated in accordance with section 5 of this regulation based on sales during the base period, and rep¬ resenting, in the case of a producer ex¬ porter, the differential between base period domestic and export selling prices exclusive of costs of exportation for a commodity or product line, and in the 85 Serv 33:C5 case of a merchant exporter, the base period margin between his costs of ac¬ quiring a commodity or product line for exportation purposes and his export sell¬ ing price therefor exclusive of costs of exportation. (3) " Commodity." This term means materials, articles, products, supplies, and their components. (4) “Product line.” This term means all goods of the same general character and use which are normally classed to¬ gether in your business for purposes of accounting or sales. You may, for ex¬ ample, have your product line, under this regulation, include a line of goods such as one of the following: Cups selling at $0.10-$0.50, all cups, all cups and saucers, all chinaware. You shall list, in your report to the Office of Price Stabilization, all the commodities included in the prod¬ uct line. [Subparagraph (4) amended by Arndt. 2] (5> “Comparison commodity.” This term means a commodity exported or sold for export by you during the base period, which has general characteristics and use similar to those of the commod¬ ity you are pricing. Of the commodities having these same general characteris¬ tics and use, choose the commodity hav¬ ing a current unit direct cost closest to that of the commodity you are pricing. (6) “Base period domestic selling price.” This term means your (producer exporter’s) domestic selling price during the base period (to the same class of buyer of the commodity). This domes¬ tic selling price must be the one you were using at the time of each export sale or sale for export on the basis of which you calculate your markup under section 5 of this regulation. [Subparagraph (6) amended by Arndt. 2] (7) “Base period cost of acquisition.” This term means the actual cost to you, a merchant exporter, during the base period, of the commodity for which you are calculating your markup under sec¬ tion 5 of this regulation. (8) “Costs of exportation.” This term includes costs other than sales commis¬ sions actually incurred in or in connec¬ tion with the export sale or sale for ex¬ port- of a commodity, over and above those incurred and included in the ap¬ plicable domestic ceiling price if the commodity were sold for domestic con¬ sumption, including but not limited to the following: (i) Export packaging, (il) local drayage, including waiting time at the dock, loading and unloading, toll- age, switching, dumping, and trimming, lighterage and wharfage, (iii) inland freight in the continental United States and in the country of delivery (at the export rate where applicable), (iv) ocean freight, (v) insurance, (vi) consular fees, blanks and certification, (vii) demurrage, (viii) costs incurred for storage at the port of exit while awaiting shipment, provided the goods remain packed in the same form as they are to be exported, and have been stored in a warehouse or other storage facilities not owned or con¬ trolled by the exporter, (ix) fees paid to a freight forwarder not owned or con¬ trolled by the exporter, (x) bank collec¬ tion charges, (xi) servicing, installing, inspection fees or special engineering costs either before or after exportation, and (xii) foreign taxes. (9) “Buyers of the class most closely related to the class for which you are pricing.” This phrase means the class of buyer to which you sold, during the base period, the commodity or product line you are pricing or a comparison commodity, and which is most similar to the class of buyer for which you are pricing, considering trade function, the terms of purchase and the quantity of the order. (10) “Your domestic ceiling price at point of delivery.” This phrase means the highest price at which you, a pro¬ ducer exporter, may, under applicable ceiling price regulations governing do¬ mestic sales of the commodity you are pricing for export, sell such commodity for domestic consumption at the point of delivery. (c) General —(1 ) “Base period.” This term means the period from January l. 1949, to June 30, 1950, inclusive. (2) “Ceiling price." This term means the highest price at which an export sale or sale for export of a commodity cov¬ ered by this regulation may be made. (3) "General Ceiling Price Regula¬ tion.” This term means the General Ceiling Price Regulation issued on Jan¬ uary 26, 1951, by the Office of Price Stabilization, as amended and supple¬ mented. (4) “You or person.” This term in¬ cludes any individual, corporation, part¬ nership, cooperative association, or any other organized group of persons, or legal successors or representatives of the foregoing, and the United States or any government or their political sub¬ divisions or agencies. The term corpo¬ ration includes the parent company, any controlled subsidiary or any company controlled, directly or indirectly, by a common parent. Control (in respect to affiliated companies or business opera¬ tions) means the ownership, directly or indirectly, of 50 percent or more of the voting rights or beneficial interest in two or more of such companies or busi¬ ness operations. [Subparagraph (4) amended by Arndt. 2] (5) “Records.” This term includes but is not limited to books of account, sales lists, sales slips, orders, vouchers, contracts, receipts, invoices, bills of lad¬ ing, and other papers and documents. (6) “ Exportation.” This term means the delivery or shipment of a commodity, either directly or through an agent, from the United States or a territory or pos¬ session of the United States to any place outside the continental United States or a territory or possession of the United States. (7) “Export sale.” This term means a sale of a commodity for direct shipment to a buyer outside the continental United States without resale in the continental United States. Sales to a foreign gov¬ ernment purchasing mission, or to an American firm purchasing for use in its foreign field operations shall be con¬ sidered to be export sales. [Subparagraph (7) amended by Amdt. 3[ (8> “Sale for export.” This term means a sale of a commodity to a buyer located in the continental United States if the commodity is destined for export sale by the buyer. [Subparagraph (8) amended by Amdt. 2] Sec. 16. Reports. Copies of forms that may be used in filing under this regulation may be obtained from any Regional or District Office of the Office of Price Stabilization. Non: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget In accordance with the Federal Reports Act of 1942. Joseph H. Freehiix, Acting Director of Price Stabilization. By: Joseph L. Dwyer, Recording Secretary. . «.* * i . ' FILE following 85 Serv 33:13 (8-25-52) 85 Serv 33:202.1 INTERPRETATIONS CPR 61, Sec. 2 EXPORTED DISTILLED SPIRITS AND WINES Suspended from controls (see Interps. following GOR 7, Rev. 1, Section 10, oage 51 Food 91:210.1) FILE following 85 Serv 33:202.1 (3-23-53) 85 Serv 33:202. 3 INTERPRETATIONS CPR 61, Sec. 2 COVERAGE Sales f.o.b. seaport dock to foreign dealers, included Sales to foreign dealers, f.o.b. the dock, New York, are export sales and are subject to CPR 61. 1 ' . . FILE following 85 Serv 33:202.1 (10-10-52) 85 Serv 33:202b. 1 INTERPRETATIONS CPR 61, Sec. 2(b) OVERCEILING INVOICES Scope of OPS permissive order An order issued under Section 2(b) of Ceiling Price Regulation 61 permitted an exporter to over-invoice a shipment of air conditioner parts to a customer of his distributor in Teheran, Iran. Some of the parts for which such permission was ob¬ tained were not available for shipment and were therefore not included when the actual shipment of parts was made. These parts are now available and the exporter inquired whether permission in the order is sufficient to enable him to over-invoice the supplementary shipment. The order was intended to grant permission with respect to all the parts re¬ ferred to in the application for which he had received specific purchase orders, limited to the type and quantity of parts covered by such order and intended to con¬ stitute a single shipment. The unavailability of some parts for inclusion in a single shipment would not operate to limit the permission of the order only to those parts actually included in the first shipment. A supplementary shipment of such parts, when available, would still be deemed to constitute a part of that shipment for which the order was issued. This does not extend the order nor increase its applicability beyond the spe¬ cific types and quantities of parts referred to in the application. It is understood, of course, that further shipments of similar parts to fill additional purchase orders would not be covered by this order. (10-2-52 No. 11) --i v : .V — Z-V ■ ! •« JptF . . . . ■ • ' " ' ' -- ■: »• 7 - " * * . V * • ' FILE following 85 Serv 33:202b. 1 (10-17-52) 85 Serv 33:203.1 INTERPRETATIONS CPR 61, Sec. 3 BASE PERIOD MARKUP Cannot be increased (see Interps. following CPR 61, Sec. 13, page 85 Serv 33:213.1) - FILE following 85 Serv 33:202.1 (8-27-52) 85 Serv 33:203a. 1 INTERPRETATIONS CPR 61, Sec. 3(a) EXPORTS BY RETAILERS Applicability of domestic ceiling prices An interpretation has been requested of the applicability of Ceiling Price Regulation 61 to the following types of retail operations: (1) Sales where a resident of a foreign country visits the store, makes a purchase, and then has the store deliver it either in its own truck, or by mail or public carrier; (2) Sales in response to mail orders received from residents of foreign countries, whether by regular charge account customer or consumer in response to an ad; ( 3 ) Sales made to residents of the United States for delivery to ~ relatives in the foreign country. It is stated that it has been the practices of retail stores to consider these sales as normal retail transactions. The types of sales referred to in (l) and (2) above are governed by CPR 61. However, Section 3(a) of CPR 61 permits the retailer to continue to treat the above operations as normal domestic retail sales. These sales may be made at prices not exceeding the domestic ceiling price established by the applicable retail regulation, other than CPR 61. To this may be added cost of exportations. The retailer should, however, re¬ port to this Agency under Section 5 of CPR 61 the fact that he is selling to persons outside the United States at prices not in excess of his domestic ceiling prices. The sales referred to in operation (3) above are not governed by CPR 61. They are domestic sales and are to be priced and reported under the applicable domestic retail regulation. (5/27/52 No. 3) 1 .J ’ 7T ; 1 , T »• . ' : : • i ' . - • •• wx.-t “1 . ' • < v • / ' ! < Hi ■ • • " : • ■> • '-n : • : l at ■ • ‘ . ' • ■ • - •>! ,J9 . • - - • ' *> • ► | ' * ' ' 9!i ■ - FILE following 85 Serv 33:203a. 1 (10-17-52) 85 Serv 33:206.1 INT ERPRE TATIONS CPR 61, Sec 6 MARKUPS APPROVED UNDER SECTION 6 Cannot be increased (see Interps. following CPR 61, Sec. 13, page 85 Serv 33:213.1) / i" ■ i . - 0 "-T ' • : - FILE following 85 Serv 33:203a. 1 (10-7-52) 85 Serv 33:213.1 INTERPRETATIONS CPR 61, Sec. 13 VIOLATION Increase in base period or section 6 markup There is no provision in CPR 61 that permits an exporter who has a base period markup to change this markup. Nor is there any provision that permits an exporter who has applied for and proposed a markup under Section 6 of CPR 61 to change this ma markup after this markup becomes effective. It is, therefore, improper for an exporter to increase his export markups.. Sales made on the basis of an increased markup may be considered a violation of the provisions of Ceiling Price Regulation 61. (10-1-52 No. 5) 1 vti ' ( * - - I : . : 3 •• . : :: . '? • . ■ H x n* > . ‘ ’ . .5 vir • ■■ i V&| ■ FILE following 85 Serv 33:401 (7-3-52) 85 Serv 33:501 Sulfur Mined by Non-Frasch Methods Ceiling Price Regulation 61 Supplementary Regulation 3 JULY 1, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | Celling Price Regulation 61, Supplementary Regulation 3) CPR 61— Exports SR 3-CEILING PRICES FOR SULFUR MINED BY NON-FRASCH METHODS Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Sup¬ plementary Regulation 3 to Ceiling Price Regulation 61 is hereby issued. STATEMENT OF CONSIDERATIONS This supplementary regulation to Ceiling Price Regulation 61 provides for the establishment or adjustment of ceil¬ ing prices for export sales and sales for export of sulfur, produced and mined from sulfur deposits, by methods other than the Frasch method, to reflect the greater costs involved in the production of sulfur • by non-Frasch methods and the greater costs resulting from the more impure deposits which are involved. The production of sulfur by the Frasch process is at capacity level. Increased domestic production is necessitated by the greatly increased demand in both domestic and foreign markets. The United States is the prime supplier of sulfur in world markets and sulfur at present is in critical short supply for defense and civilian requirements. These requirements have resulted in the domestic allocation of sulfur to produc¬ tion and use on the basis of 90 percent of the 1950 consumption. The inade¬ quacy of the total current supply of sul¬ fur is recognized by the National Pro¬ duction Authority which is encouraging the production of sulfur from all avail¬ able sources. Sulfur is produced today by the Frasch process or is recovered from sour gases or crude oil in the petroleum industry. There is at present only limited produc¬ tion of mined sulfur by non-Frasch methods, primarily because of the sub¬ stantially greater costs involved in this method of production which necessitates much higher selling prices than existing ceiling prices. These deposits are con¬ siderably less pure than the deposits which lend themselves to the Frasch method of extraction and thus involve greater extraction costs. Expansion of the present sources of supply of sulfur cannot be achieved with¬ out this incremental production at sig¬ nificantly greater unit costs. There are existing sulfur deposits in several areas of the United States. These deposits contain a relatively low percent¬ age of sulfur and the ore must be, when mined, beneflciated to increase the sulfur content to an economic level in order to be sold in existing markets. The cost of production, therefore, is generally much higher than existing ceiling prices for sales of elemental sulfur produced by the Frasch process or recovered from sour natural gas or waste refinery gases in the petroleum industry. It can be ex¬ pected that all of the incremental mined sulfur produced by non-Frasch methods will be sold in the export markets where world prices for sulfur are substantially higher than the prevailing ceiling prices for sulfur in the United States. This supplementary regulation will, therefore, permit increased production of elemental sulfur for the export trade with a mini¬ mum effect on the prevailing price level in the United States. This supplementary regulation pro¬ vides, upon application, for the establish¬ ment or adjustment of ceiling prices for export sales and sales for export of sulfur so produced. Since the estimated increases in unit costs will be based on anticipated ex¬ penditures, the producer receiving an authorized ceiling price or an adjustment of his ceiling jrice will be required, in all cases, to file a detailed report of the actual cost experience for the sixth full month of production and a report of the average production costs for the first six full months of production. In the judgment of the Director of Price Stabilization the provisions of this supplementary regulation are generally fair and equitable and are necessary to effectuate the purposes of the Defense Production Act of 1950, as amended. In view of the remedial nature of this supplementary regulation, special cir¬ cumstances have rendered consultations with industry representatives, including trade -association representatives, im¬ practical. REGULATORY PROVISIONS Sec. 1. What this supplementary regulation does. 2. How to apply lor establishment or adjust¬ ment of celling price. 3. Contents of application. 4. Action by the Director. 5. Sales to merchant exporters. 6. Applicability of other regulations. 7. Definitions. Authority: Sections 1 to 7 Issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup., 2154. Interpret or apply Title IV, 64 Stat. 803, as amended; 50 U. S. C. App. Sup., 2101-2110, E. O. 10161, Sept. 9, 1950, 15 P. R. 6105; 3 CFR, 1950 Supp. Section 1. What this supplementary regulation does. This supplementary regulation applies to producers of ele¬ mental sulfur mined in the United States by other than the Frasch method and provides for the establishment of ceiling prices or the adjustment of ceiling prices for all their export sales and sales for export of such sulfur. The General Ceil¬ ing Price Regulation continues to be applicable to all other sales of such sulfur. Sec. 2. How to apply tor establishment or adjustment of ceiling price. If you are a producer of sulfur mined from de¬ posits in the United States by other than the Frasch method, and do not have a ceiling price established for export sales or sales for export of that sulfur, you may apply for the establishment of a ceiling price under this supplementary regulation instead of establishing a ceil¬ ing price under Ceiling Price Regulation 61. If you already have a ceiling price established for export sales or sales for export of such sulfur, you may apply for an adjustment of that ceiling price under this supplementary regulation. Your signed application should be filed with the Office of Price Stabilization, Rubber, Chemicals and Drugs Division, Washington 25, D. C. Sec. 3. Contents of application. Your application shall set forth the following: (a) Name and address of applicant and location of the sulfur deposit; the nature of applicant’s interest therein, e. g„ fee simple, leasehold, rental agree¬ ment, etc., accompanied by a copy of the instrument by which the interest was acquired; and a statement of the acqui¬ sition cost of the property or rental terms if under lease, with dates of acquisition and, in the case of a lease, of its expira¬ tion. (b) Your present ceiling price, if any, for domestic sales, sales for export and export sales. (c) A description of your present and proposed operations including a state¬ ment of (1) the quantity of sulfur (99.5 per¬ cent basis) produced annually from your mine or if you cannot furnish figures of actual production, an estimate of your annual production, giving the basis for your estimate. (2) The total amount of recoverable sulfur in the deposit to be mined, includ¬ ing the actual or estimated amount at the time of acquisition and at the begin¬ ning of the fiscal period used in para¬ graph (f), below. (3) The physical description and grade of the ore, including the percentage of contained sulfur in the ore. (d) A breakdown of the actual capital investment in plant and equipment re¬ quired to achieve the sulfur production stated in paragraph (c) above. This investment should be valued at acquisi¬ tion cost. Where the equipment has been used, deduct from the acquisition cost the normal depreciation resulting from the use of the equipment. Where the plant and equipment have not yet been purchased, submit a breakdown of 85 Serv 33:502 estimated acquisition cost erected at plant site. (e) The estimated book value of the recoverable provable sulfur. (f) A breakdown of the unit cost of producing the sulphur on the basis of a long ton of 99.5 percent basis sulphur, presented in the same detail as you carry your figures on your books of account. The suggested detailed items of cost fdr which separate figures are to be sub¬ mitted are covered in the outline below. If you have been in production for three months or more, submit your actual unit costs of production for the most recent three month period with estimated costs of production for the subsequent three month period. If you are not yet in pro¬ duction or if you have been in production less than three months, submit your esti¬ mated unit costs for the first six months of production. (1) Total mining and plant cost. (1) mining costs: E. g. cutting, blasting, loading, ventilation, drainage, mucking, nip¬ ping, stripping, direct supervision, power and light. Mine haulage: E. g. hoisting, trucking to mill, waste disposal, etc. Mine maintenance: E. g. cutting and drill¬ ing machines, loading equipment, pumps, ventilation,'etc. (II) Milling and refining expense: E. g. supervision, operation, processing materials, utilities, tailings disposal, maintenance and repair, etc. (III) Mine and plant overhead: E. g. su¬ pervisory, shop, laboratory, powerhouse, gen¬ eral, etc. (iv) Warehouse and loading. (v) Taxes: E. g. production, use, sever¬ ance, franchise, and personal property taxes, and social security taxes, but not Including income and excess profit taxes. (vl) Depreciation. (vtl) Depletion. (vlll) Royalty and lease rentals. (2) Administrative, general, selling ex¬ pense. (3) Exploration and development costs. (4) Total operating cost. (g) Any other information deemed pertinent by the applicant which will assist the Director in establishing or ad¬ justing your ceiling price. Sec. 4. Action by the Director, (a) If the Director finds that you cannot rea¬ sonably be expected to produce or to continue to produce sulfur from your deposit for expqrt sales or sales for ex¬ port at ceiling prices which would have been provided by regulations otherwise applicable and that the sulfur which you produce is required by the world mar¬ ket, he may establish a ceiling price or adjust your ceiling prices for your export sales or sales for export of such sulfur, taking into consideration the cost of pro¬ ducing and selling the sulfur. The Di¬ rector’s order may also establish ceiling prices for export sales of your sulfur by merchant exporters. Your ceiling prices for sales of such sulfur in the United States are established by the General Ceiling Price Regulation and will not be changed by the Director’s order. (b) The Director may request such further information as he may deem necessary to a proper determination of your application. (c) Producers of sulfur whose ceiling prices have been established or adjusted under the provisions of this section shall be required, after six full months of operation, to file a report showing the following: J[l) Your cost for the sixth full month of operation, showing the same items of cost required by section 3 (f). (2) Your cost for the ehtire six month period, showing the same items of costs required by section 3 (f). (3) Total tons of sulfur produced (on a 99.5 percent basis) during your sixth month of operation and for the entire six month period. (d) Any order issued by the Director under this supplementary regulation may be modified or revoked at any time. Sec. ■ 5. Sales to merchant exporters. A producer who has his ceiling prices for sulfur established or adjusted under this supplementary regulation, and who makes a sale or sales of such sulfur to a merchant exporter shall furnish the mer¬ chant exporter an invoice or a .i accom¬ panying statement, for each sale, show¬ ing his ceiling prices which have been established or adjusted for export sales and sales for export under this supple¬ mentary regulation, and a statement that his ceiling prices were established or adjusted under this supplementary regulation. Sec. 6. Applicability of other regula¬ tions. A producer of sulfur whose ceiling price has been established or adjusted in accordance with this supplementary regulation shall be subject to all provi¬ sions of Ceiling Price Regulation 61 which are not inconsistent with the pro¬ visions hereof, including, but not limited to, the enforcement and penalty provi¬ sions thereof, and the requirements of keeping on file for inspection a statement of his records. Sec. 7. Definitions. Where used in this supplementary regulation the term: (a) “Producer” means any person en¬ gaged in the business of producing sulfur as defined in paragraph (b) below. (b) “Sulfur” means sulfur obtained by mining deposits containing elemental sulfur and does not include sulfur pro¬ duced by the Frasch process or sulfur obtained from petroleum or natural gases. (c) “Export sales” and “Sales for Ex¬ port” are defined in Sec. 15 (c) of Ceiling Price Regulation 61. Effective date. This supplementary regulation 3 to the Ceiling Price Regula¬ tion 61 is effective July 1, 1952. Note: The record-keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget In ac¬ cordance with the Federal Reports Act of 1942. Ellis Arnall, Director of Price Stabilization. July 1, 1952. FILE following 85 Serv 33:7 (9-25-51) 85 Serv 33:9901 OPS PUBLIC FORM NO. PUB. 72 UNITEDSTATES GOVERNMENT OFFICE CF PRICE STABILIZATION WASHINGTON 25, D.C. REPORT BY EXPORTERS UNDER CPR 61 OF BASE PERIOD MARKUPS FO&M APPROVED BUDGET BUREAU NO. 94-R261 The individual company information reported on this form is for use in connection with the De¬ fense Mobilization Program. Persons who have access to individual company information are subject to penalties for unauthorized di sclosure. This form may be reproduced without change. See instructions on reverse side before filling out this form NAME OF FIRM ADDRESS (Street and No. ) (City, Zone, State) | . YOUR ROLE IN PROPOSED TRANSACTION | 1 PRODUCER EXPORTER | 1 MERCHANT EXPORTER 2 - CLASS OF BUYER 3 • TYPE OF SALE EXPORT SALE □ □ SALE FOR EXPORT 4 - REPRESENTATIVE QUARTER CHOSEN B Y YO U IN COMPUTING MARKUP [ 1ST QUARTER 1949 ] | 2ND QUARTER 1949 □ 4TH QUARTER 1 949 □ 1ST QUARTER 1950 □ 1 1 2ND 3RD QUARTER 1 949 QUARTER 1950 5 - DESCRIPTION 0^ <* OMMOD ' TV OR PRODUCT ' INE C 0R WH I C ,J YD'.' AR r REPORTING A MARKUP 6 - YOUR BASE PERIOD PERCENTAGE MARKUP 7 - IF YOUR CLASS OF BUYER IN (2) ABOVE IS A MERCHANT EXPORTER AND IF YOUR TYPE OF SAL£ IN (3) A&OVE IS A SALE FOR DURING THE BASE PERIOD TO-SELL TO MERCHANT EXPORTERS AT THE MARKUP INDICATED IN (6) ABOVE? | YES [^] NO EXPORT t WAS | T yoUR PRACTICE IF YOU SOLD TO MERCHANT EXPORTERS AT A MARKUP DIFFERENT • FROM THAT INDICATED IN (6) ABOVE, EXPLAIN THE DIFFERENCE I certify that the information given above is true and correct to the best of my knowledge and belief. NOTICE - A willfully false statement is a criminal off ease . SIGNATURE OF OWNER OR AUTHORIZED AGENT TITLE DATE 85 Serv 33:9902 INSTRUCTIONS AND DEFINITIONS This Reporting Form is to be used by those exporters only who had a base period markup on their base period sales of the commodity or product line whose markup is being reported herein. This Reporting Form may be used to report the markup for different commodities and product lines if the other Items on the Form have identical answers. If your class of buyer is a merchant exporter, you may use this Form in applying under Section 7 of CPR 61 for approval of your markup. You may not take this markup until you receive this approval. This Report is to be filed within 15 days after first sale of commodity. To be filed in duplicate and mailed by registered letter to the Office of Price Stabilization, Export-Import Branch, Washington 25, D. C. Base period percentage markup. This term means a percentage markup, calculated in accordance with Section 5 of this regulation. This markup is based on sales during the base period. It represents, in the case of a producer exporter, the differential between base period domestic and export selling prices for a commodity or product line, exclusive of costs of exportation. In the case of a merchant exporter, it represents the base period margin between his costs of acquiring a commodity or product line for expc'tation purposes and his export selling price therefor, exclusive of costs of exportation. Your base period percentage markup must be a weighted average percentage markup. In computing this markup employ the following procedure: Determine 25% of total sales for the commodity during the representative base period quarter. Total the dollars and cents markups of these sales so selected and divide this total by your total costs of acquisition or by the total of your applicable domestic selling prices for the commodities in this 25% sales group. The resulting figure will constitute your weighted average percentage markup. Class of Buyer. This term refers to the following: foreign governments or their agents; industrial end users; distributors; wholesalers; retailers; individual consumers; and American firms purchasing for use in foreign field operations. Commodity. This term means materials, articles, products, supplies and their components. Any group of these items may be considered to be a commodity if the items were customarily referred to and treated during the base period as a single commodity and were sold under one markup. Export Sale. This term means the sale of a commodity to a person located outside the continental United States or a territory or possession of the United States, and which is shipped to the purchaser outside the continental United States or a territory or possession of the United States, regardless of where the invoicing is done. Merchant Exporter. This term means a person who is not a producer exporter but who exports commodities pur¬ chased by him for his own account. Producer Exporter. This term means a person who manufactures or produces the commodities he exports. Product line. This term means all goods of the same general character and use which are normally classed to¬ gether in your business for purposes of accounting or sales, and to which the same markup was applied in de¬ termining selling prices during the base period. You may, for example, have your product line under this regu¬ lation include a line of goods such as one of the following: Cups selling at $.10-$.50, all cups, all cups and saucers, all chinaware. The product line should be adequately described to indicate to the ordinary purchaser that a particular product line as reported to the Office of Price Stabilization includes a definite commodity being sold by you. Sale for Export. This term means a sale to a buyer located in the continental United States or a territory or possession of the United States of a commodity destined for export and subsequent shipment, without resale, to any place outside the continental United States or a territory or possession of the United States. OPS F ocjL IC FORM NO. PUB. 72 (BACK) 85 Serv 33:R9903 I FILE following 85 Serv 33:9902 (10-16-52) (REMOVE to Source File 85 Serv 33:9903) OPS PUBLIC FORM NO. 73 (REV. 10-52) UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25, D. C. APPLICATION BY EXPORTERS HAVING NO SALES DURING BASE PERIOD OF THE TYPE BEING PRICED PURSUANT TO SEC. 6 OF CPR 61, AS AMENDED OR SEC. 3 OF SR-1 TO CPR 61, AS AMENDED. BUDGET BUREAU NO. RA-R262.1 APPROVAL EXPIRES MARCH 31, 1953 The individual company information reported on thie form is for use in connection with the De¬ fense Mobilization Progrom. Persons who hove access to individual company information are subject to penalties for unauthorized disclosure. 1. itead instructions on reverse side before filling out this form. 2. This form may be reproduced without change. 3. Submit in duplicate in accordance with instructions on reverse side. 1. NAt'COFFIRM 2. ADDRESS (Ho. and Street) (City, Zone and State) 3. YOUR ROLE IN PROPOSED TRANSACTION 4 . I F SEC . 2 (C ) OF CPR 6 I , AS AMENDED APPL I ES TO YOU. ARE YOU EXERCISING OPTION (1) THEREUNDER? □ PRODUCER EXPORTER □ M1 MERCHANT EXPORTER □ □ 5. TYPE OF SALE □ EXPORT SALE □ SALE FOR EXPORT 6. CLASS OR CLASSES OF BUYERS (As defined in Sec. 15(a) (it) of CPR 61, as amended) 7. IF YOU ARE A MERCHANT EXPORTER MAKING EXPORT SALES, STATE IF YOUR SUPPLIER IS A □ PRODUCER EXPORTER □ MERCHANT EXPORTER 8. IF YOU ARE A MERCHANT EXPORTER MAKING SALES FOR EXPOR.. STATE IF YOUR SUPPLIER IS A □ PRODUCER EXPORTER □ MERCHANT EXPORTER 9. DESCRIPTION OF COMMODITY{IES) OR PRODUCT LINE(S) (and the commodities included therein) FOR WHICH YOU ARE APPLYING FOR A MARKUP.STATE IF YOU SELL THIS COMMODITY IN THE DOMESTIC MARKET (Continue on separate sheet if necessary) 10. CHECK THE FIRST ONE OF THE FOLLOWING TYPES OF SALES ON WHICH YOU ARE ABLE TO COMPUTE A 3ASE PERIOD PERCENTAGE MARKUP BASE PERIOD SALES OF THE COf^lODITY OR PRODUCT LINE YOU ARE PRICING TO BUYERS OF THE CLASS MOST CLOSELY RELATED TO THE CLASS FOR WHICH YOU ARE PRICING. DESCRIBE THIS MOST CLOSELY RELATED CLASS OF BUYER. ] BASE PERIOD SALES OF A COMPARISON COMMODITY TO BUYERS OF THE CLASS FOR WHICH YOU ARE PRICING. DESCRIBE THE COMPARISON COMMODITY. □ BASE PERIOD SALES OF A COMPARISON COMMODITY TO BUYERS OF THE CLASS MOST CLOSE 1 Y RELATED TO THE CLASS FOR WHICH YOU ARE PRICING. DESCRIBE THE COMPARISON COfMODITY AND MOST CLOSELY RELATED CLASS OF BUYER. 10A. STATE THE BASE PERIOD OUARTER USED BY YOU IN COMPUTING YOUR STATE THIS PERCENTAGE MARKUP MARKUP FOR THE COMPARISON USED ABOVE 10B. DID YOU TAKE THIS MARKUP AS A IOC. IF YOU PREVIOUSLY REPORTED A MARKUP FOR THIS COMPARISON UNDER CPR 61, STATE DATE OF YOUR REPORT | PRODUCER EXPORTER 11. If you are unable to compute a markup under Section 5 of CPR 61 and are unable to check any of the types of sales in Item 10 above, then answer the following: 1 I A. WHY ARE YOU UNABLE TO COMPUTE A MARKUP UNDER CPR 61? □ MERCHANT EXPORTER 1 1B. WHAT MARKUP, IF ANY. CURRENTLY PREVAILS IN THE TRADE FOR THE COMMODITY OR PRODUCT LINE DESCRIBED IN ITEM 9 ABOVE? 11C. HOW DID YOU DETERMINE THE MARKUP IN I 1 B TO BE THE ONE CURRENTLY PREVAILING? % % 12A. TO WHAT ALLOWABLE PRICE BASE DO YOU INTEND TO APPLY THIS PROPOSED MARKUP? 120. JUSTIFY THIS MARKUP □ YOUR DOMESTIC CEILING PRICE □ YOUR SUPPLIER’S DOMESTIC CEILING PRICE TO YOU □ YOUR COST OF ACQUISITION 12. WHAT IS YOUR PROPOSED PERCENTAGE MARKUP? (fi'ote that sales commissions are a part of the markup) AS A PRODUCER EXPORTER FOR EXPORT SALES _ % AS A MERCHANT EXPORTER FOR EXPORT SALES AS A PRODUCER EXPORTER FOR SALES FOR EXPORT _ % AS A MERCHANT EXPORTER FOR SALES FOR EXPORT 13. IS THIS MARKUP DETERMINED PURSUANT TO THE PROVISIONS OF SEC. 3 OF SR-1 TO CPR 61? □ YES □ N0 IF SO, STATE APPLICABLE TERRITORY OR POSSESSION I certify that the information given above is true and correct to the best of my knowledge and belief. NOTICE: A willfully false statement is a criminal offense. SIGNATURE OF OWNER OR AUTHORIZED AGENT TITLE OATE 85 Serv 33:R9904 INSTRUCTIONS AND DEFINITIONS This revised application Form 73 is to be used by an exporter only who had no base period sales to the class of buyer he is selling of the commodity or product line described in Item 9 of the application, and who is entitled to apply for a markup under Section 6 of CPR 61. Copies of this form are available at all Office of Price Stabiliza¬ tion field offices. This application is to be sent in duplicate, by registered letter to the National Office of the Office of Price Stabilization, Foreign Trade Branch, Washington 25, D. C. With the exception of applications for markups to the territories and possessions of the United States, unless your proposed markup is rejected by this Office within ten days of the postmarked date of your letter, you may proceed with sales until advised to the contrary. Sales to the territories and possessions of the United States may not be effected at the proposed markup until written approval by the National Office of the Office of Price Stabilization is received by the applicant. SPEGFIC INSTRUCTIONS: ITEMS 1 and 2. Your name, street address, City and State should be inserted here. ITEM 3. Your role in proposed transaction: Producer Exporter. This term means a person who manufactures or produces the com¬ modities he exports, or who has a commodity (a) made by another for his account and to his specifications, or (b) if option (1) in Section 2(c) is exercised, made by a parent com¬ pany, by a controlled producer sub¬ sidiary, or by any producer company, controlled directly or indirectly by a common parent. Merchant Exporter. This term means a person who is not a Producer Exporter but who in the normal course of business exports commodities purchased by him for his own account. As to a specific commodity, a Merchant Exporter will be regarded as a Producer Ex¬ porter if he qualifies as such under the preceding definition ofProducer Exporter. If you are both a Producer Exporter and a Merchant Exporter of the commodity herein reported, check both boxes. ITEM 5. Type of Sale Export Sale. This term means the sale of a commodity for direct shipment to a buyer located outside the continental United States without resale in the continental United States. Sales to a foreign government purchasing mission, or to an American firm purchasing for use in its foreign field operations shall be considered to be export sales. Sale for Ejqjort. This term means a sale to a buyer located in the continental United States of a com¬ modity destined for export sale by the buyer. If you handle both types of sales check both boxes. ITEM 6. Class or Classes of Buyer This term means that group of persons to which you sell commodities covered by CPR 61 and which you dis¬ tinguish from other groups of buyers with respect to quantity purchased or trade function. In the case of an export sale, the only permissible groupings according to trade function shall be: the United States Government or its agencies; foreign governments or their agents, includ¬ ing foreign government purchasing missions; industrial end users; distributors; wholesalers; retailers; individual ORS FURL 1C FORM NO. 72 (REV. 10-92) consumers; and American firms purchasing fr- use in foreign field operations. In the case of a sale foi export, the only permissible grouping according to function in the trade shall be Merchant Exporters. ITEMS 7 and 8. This request to check if your supplier is a Producer Exporter or a Merchant Exporter is partly because of the provisions of Section 7, as amended, “Re¬ strictions on multiple handling”. Please note carefully the restrictions and information which must be fur¬ nished under Section 7, if you are a Merchant Exporter making sales for export of a commodity purchased from another Merchant Exporter. In such cases, if you wish to take a markup, it will be necessary to apply for it by separate letter, to the Office of Price Stabilization, Foreign Trade Branch, Washington 25, D. C. Such markup may not be used until written approval is received from the Office of Price Stabilization. ITEM 9. Description of Commodity (ies) or Product Line (s): Commodity: This term means materials, articles, products, supplies, and their components. Product Line: This term means all goods of the same general character and use and which are normally classed-together inyour business for accounting and sales. You may, for example, have your product line under this regulation include a line of goods such as one of the following: Cups selling at $.10-$.50, all cups, all cups and saucers, all chinaware. All commodities included in a product line must be listed. However, commodities in a product line may be described generally, if this general de¬ scription will indicate clearly what com¬ modities are included. ITEM 10. Note the three comparisons hereunder, the base period sales of which determine your proposed markup (Item 12). ITEM 11B. In reply to this question attempt to ascertain through trade channels, trade journals or other sources the prevailing markup for your commodity or product line as described in Item 9. ITEM 11C. Your reply to this question should indicate the source of your information on the currently prevailing markup. ITEM 12. In reply to this question take into consideration your answers to all previous questions. This proposed percentage markup should be a fixed percentage, and not approximations or minimum-maximum ranges. You may take a different markup on account of unit or dollar vol¬ ume sold, or on account of the function performed in the trade by your buyer, or both. ITEM 12A. Producer Exporters may apply the proposed markup, when effective, to their domestic ceiling price under the conditions prescribed in Section 3(b)(1) and 1(b)(1)* as amended. Producer Exporter s pricing a commodity being sold ex clusively in the export trade, for which they have no do¬ mestic ceiling price, shall determine their export ceiling price for export sales and sales for export, as outlined in Sections 3(b)(2) and 4(b)(2), as amended. Applications un¬ der these sections for such commodities should be made by letter, in duplicate, to the National Office of the Office of Price Stabilization, Foreign Trade Branch, Washington 25, D. C. This form should not be used for that purpose. Merchant Exporters may price export sates and sales for export as follows: In the event that the commodity is sold in the domestic market the domestic ceiling price must be used as the export ceiling price on sales for export (made to Merchant Exporters). The use of such domestic ceiling prices as export ceiling prices must be reported as provided in Section 3. Merchant Exporters may apply their proposed markup, when ef¬ fective, to their ^ales, only as follows: (1) On export sales, to the domestic ceiling price of their supplier to them; (2) On sales for export of a commodity sold ex¬ clusively in the export trade, to their cost of acquisition. FILE following 85 Serv 33:5 (8-7-51) 85 Serv 34:1 Tire MHeage OFFICE OF PRICE STABILIZATION WASHINGTON (Reprinted from the Federal Register of August 4, 1951] Ceiling Price Regulation 64 JULY 30, 1951 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (Celling Price Regulation 64( CPR 64—Tire Mileage Pursuant to the Defense Production Act of 1950 (Public Law 774, 81st Cong.), as amended, Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Ceiling Price Regulation 64 is hereby issued. STATEMENT OF CONSIDERATIONS Many bus and taxicab operators rent the tires and tubes used by them from suppliers who usually manufacture the tires and tubes as well as service them for the users. This relationship is referred to as the tire mileage business. This is strictly a service business as title to the tires and tubes never leaves the manu¬ facturer. In most cases all phases of service are involved, such as inspection, mounting, repairing, etc. The usual industry practice for pricing this service is to negotiate a contract between the manufacturer and the mile¬ age operator for relatively long periods of time, never less than a year, and often running two to five years. Various base rates are established taking into con¬ sideration the individual operating con¬ ditions, the size of the tire to be used, the type of equipment which the operator has in service, and the type of roads travelled. In addition to these base rates, an adjustment clause generally applies to each contract permitting in¬ creases or decreases of the base rate for changes in these two primary factors: (1) The cost of rubber. (2) The cost of rayon and/or cotton. Furthermore, should the average mileage delivered exceed the pre-determined ex¬ pectations, there are usually provisions which allow bonuses to the operator; and there is usually a provision relating to disposal of the tires at termination of the contract. A tire mileage contract therefore does not permit any adjustment for labor increases, general overhead and admin¬ istrative increases, advertising, trans¬ portation or any other cost increases except increases in the cost of the major raw materials, rubber, rayon and cotton. This regulation freezes the particular supplier’s base rates at the general level of the base period. December 19, 1950, to January 25, 1951, the same base period used under the General Ceiling Price Regulation and Ceiling Price Regulation 34, but allows for adjustments to reflect changes in the cost of the raw materials, rubber, rayon and cotton, from their cost at the time of the execution of the contract to their cost during subsequent accounting periods stated in the con¬ tract. It provides for new suppliers and new accounts by keeping the new con¬ tracts in line with the rest of the indus¬ try. Each operator is considered a separate class of purchaser because of the many differences in rating elements and their costs involved in each contract. In so doing, normal and established pricing methods for this service industry are maintained. As a result of this regulation, there will be no immediate change in the cost of this service since the base rates of existing contracts are frozen and costs of the major raw materials, which are the bases for adjustments of the base rates for the immediate future, have not changed significantly since the freeze date. Cost changes are expected in these raw materials, however, and these will be passed on to the operator ac¬ cordingly. When the rates in the tire mileage industry were frozen by the General Ceiling Price Regulation and Ceiling Price Regulation 34, there was no pro¬ vision for changes in the costs of the two major raw materials which repre¬ sent more than half the cost of the tire. Therefore, if the costs of these raw ma¬ terials increased, suppliers would have their profit margins cut substantially or eliminated entirely since this industry operates on a comparatively small profit margin. This would be undesirable since most large bus and taxicab operators use this service and the automotive transportation industry would be seri¬ ously disrupted. Under these contracts operators pay for their tires as they use them, in a more or less direct ratio, with no large capital outlay, such as would be required if they were compelled to buy their tires outright. On the other hand, if the costs of these raw materials decreased, this decrease would not be passed on to the operator. This would be undesirable since most bus and taxicab rates are set by some public official or body and most petitions by operators for an increase or decrease in rate are based upon a rise or fall in the cost of operation. Thus a decrease in the cost of tire mileage might be reflected in a reduction in operators’ charges or would offset other cost increases of the operator. The Director of Price Stabilization considers both existing alternatives un¬ desirable. Accordingly, in order to pass on certain decreases in costs to the op¬ erator and permit the supplier to con¬ tinue this service by compensating him for increases in the costs of the major raw materials only, this regulation per¬ mits increases and requires decreases in costs to be passed on to the operator and all other cost increases or decreases to be absorbed by the supplier by the in¬ clusion of an escalator clause in all tire mileage contracts, which is the normal industry practice. In the judgment of the Director of Price Stabilization, this regulation is generally fair and equitable and will ef¬ fectuate the purposes of the Defense Production Act of 1950. In formulating this regulation, the Di¬ rector has consulted with representatives of industry to the extent practicable un¬ der the circumstances and has given consideration to their recommendations. REGULATORY PROVISIONS Sec. 1. Coverage. 2. How tc determine your ceiling rate. 3. Ceiling rates for new suppliers and new operator accounts. 4. Records. 5. Adjustments. 6. Adjustable rating. 7. Prohibitions. 8. Evasion. 9. Petitions for Amendment. 10. Penalties. Authority: Sections 1 to 10 issued under sec. 704, Pub. Law 774, 81st Cong., as amended. Interpret or apply Title IV, Pub. Law 774, 81st Cong., as amended; E. O. 10161, Sept. 9, 1950, 15 F. R. 6105, 3 CFR, 1950 Supp. Section 1. Coverage. This regulation applies to transactions between you, if you supply tire mileage, and the person who buys such tire mileage from you, hereinafter referred to as the “operator”. “Tire mileage” as used in this regulation means the supplying and servicing of tires for an operator at a rate per mile. “Tires” as used in this regulation refers to pneumatic rubber tires and tubes and any flaps that are used therewith. Each individual operator is to be considered a separate class of purchaser. This regu¬ lation does not apply to the renting of vehicles where a charge for the tires or tubes is included in the rental charge for the vehicle. This regulation applies in the 48 States and the District of Colum¬ bia, but not in the territories and pos¬ sessions of the United States. Sec. 2. How to determine your ceiling rate. The ceiling rate for tire mileage as defined in section I above is determined as follows: (a) If at any time during the base pe¬ riod, which is December 19, 1950, to Jan¬ uary 25, 1951, you had in effect a tire mileage contract with an operator, your ceiling rate for tire mileage to that oper¬ ator is the rate computed pursuant to the provisions of such contract so long as you supply tire mileage to that operator. (b) Notwithstanding the provisions of section 2 (a) above, on and after September 1, 1951, no payments shall be made on any tire mileage contract unless it includes adjustments pursuant 85 Serv 34:2 to a clause which passes on to the oper¬ ator increases or decreases in the cost of rubber, rayon and cotton and was either in effect during the base period or approved by the Director of Price Stabilization. If you had no such clause in a tire mileage contract in effect during the base period you may apply in writing to the Rubber Branch, Office of Price Sta¬ bilization, Washington 25, D. C., propos¬ ing such a clause for inclusion in your ceiling rate computations for such con¬ tract. This application shall contain a proposed adjustment clause and an ex¬ planation of your methods of computa¬ tion contained therein. You should submit comparative data if available, on your other such adjustment clauses, if any, and competitive supplier’s ad¬ justment clauses in effect during the base period to similar operators. You may not use the proposed clause until 15 days after mailing your appli¬ cation; thereafter, unless and until notified by the Director of Price Stabili¬ zation that your proposed clause has been disapproved or that more informa¬ tion is required your proposed clause shall be deemed approved. In the event that more information is required you may not use the proposed clause until 15 days after mailing the additional information. Sec. 3. Ceiling rates for new suppliers and new operator accounts, (a) If you cannot calculate your ceiling rate under section 2 of this regulation: (1) Because you are a new supplier; determine your base rates as well as your total ceiling rate for your service on an inline basis with the rest of the suppliers in the industry, taking into account the same factors, escalation clauses, bonus provisions, etc. as was used by suppliers of similar service to similar operators during the base period. (2) Because you have a new operator account; determine your base rates as well as your total ceiling rate for your service on an inline basis with your other accounts if similar, which were being serviced during the base period, consid¬ ering the same factors, where applicable, and using the same terms and condi¬ tions. Where you had no accounts simi¬ lar to a new one, during the base period, compute your base and ceiling rates as well as terms and conditions in a man¬ ner and at costs in line with those used by other suppliers of the tire mileage industry. "New Operator Account.” as used in this regulation, is an account which entered into a tire mileage con¬ tract with a supplier subsequent to the base period. (b) Within 10 days after execution of a contract, or 10 days after the effeotive date of this regulation whichever is later, a copy of any such contract in¬ volving a new supplier or a new operator account shall be filed by the supplier with the Rubber Branch, Office of Price Stabilization, Washington 25, D. C., to¬ gether with a letter justifying the base rates contained therein by showing com¬ pliance in detail with paragraph (a) of this section. Your ceiling rates for sup¬ plying tire mileage to that operator will be determined pursuant to your pro¬ posed contract, unless and until the Di¬ rector of Price Stabilization, disapproves or modifies the rates stated in the con¬ tract. Sec. 4. Records, (a) You must pre¬ pare and preserve for examination by the Office of Price Stabilization all rec¬ ords regarding your rates and rating methods for tire mileage contracts in effect during the base period, so long as the Defense Production Act of 1950 re¬ mains in effect and for two (2) years thereafter. Cb) You must prepare and preserve for examination by the Office of Price Stabilization all records regarding the rates and rating methods for tire mileage contracts executed after the base period for the life of the contract or two years, whichever is longer. Sec. 5. Adjustments, (a) You may apply for an upward adjustment of your ceiling rates established by this regula¬ tion if as a result of these ceiling rates you would operate at rates which are lower than those utilized by the tire mileage industry generally for a similar set of rating factors. (b) If you believe one or more of your ceiling rates are not in line with those of the industry, you may apply by letter to the Director of Price Stabilization for permission to raise such rates. Your letter should contain detailed justifica¬ tion for the new rates by showing them to be in line with the rates charged by other tire mileage suppliers for a similar set of rating factors. Unless and until the Director of Price Stabilization ap¬ proves in writing your proposed higher ceiling rates, you will continue using your ceiling rate established under sec¬ tion 2 or 3 of this regulation. Sec. 6. Adjustable rating. Nothing in this regulation shall be construed to prohibit your making a tire mileage service contract at the ceiling rate in effect at the start of the contract or the lower of a fixed rate or a ceiling rate in effect at the start of the contract. You may not, however, unless specifically au¬ thorized by the Office of Price Stabiliza¬ tion, deliver or agree to deliver the tire mileage service at a rate to be adjusted upward in accordance with any increase in the ceiling rate after the start of the contract. Sec. 7. Prohibitions, (a) On or after the effective date of this regulation, re¬ gardless of any contract or other obliga¬ tion, you may not sell tire mileage and no person shall buy tire mileage at a rate higher than the ceiling rate. Of course, you may charge and the operator may pay lower rates than your ceiling rates at any time. (b) Once you have reported your base ceiling rate or proposed base ceiling rate as required by this regulation, you may not thereafter redetermine it. A purely arithmetical error may, however, be cor¬ rected, but the correction must be re¬ ported to the Rubber Branch, Office of Price Stabilization, Washington 25, D. C. Sec. 8. Evasion. Any practice which results in obtaining indirectly a higher rate than is permitted by this regula¬ tion is a violation of this regulation. Such practices include, but are not lim¬ ited to changes in the usual industry practices and charges regarding abused tire penalties and termination rates. Sec. 9. Petitions for amendment. If you wish to have this regulation amended, you may file a petition for amendment in accordance with the pro¬ visions of Price Procedural Regulation 1. Sec. 10. Penalties. Persons violating any provisions of this regulation are subject to the criminal penalties, civil enforcement actions, and suits for treble damages provided by the Defense Pro¬ duction Act of 1950. Effective date. The effective date of this regulation is August 6, 1951. Note: The record keeping and reporting requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act 3f 1942 . Michael V. DiSalle, Director of Price Stabilization. July 30, 1951. FILE following 85 Serv 34:11 (12-18-51) 85 Serv 34:13 Correct on of Terminology Ceiling Price Regulation 93 Amendment 1 DEC. 18. 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [Celling Price Regulation 93, Amdt. 1[ CPR 93— Construction and Related Services and Sales of Installed Materials CORRECTION OF TERMINOLOGY Pursuant to the Defense Production Act of 1950, as amended (Public Law 774, 81st Congress, Public Law 96, 82d Congress), Executive Order 10161 (15 P. R. 6105) and Economic Stabilization Agency General Order No. 2 (16 P. R. 738), this Amendment 1 to Ceiling Price Regulation 93 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment corrects the termi¬ nology used in section 1 (b) by deleting the words “a person” on lines 4 and 5 and again on lines 7 and 8 and substitut¬ ing therefor the words “an individual man or woman.” This substitution will restrict and distinguish the class ex¬ empted from the broader category in¬ cluded by the definition of “person” in section 1 (a). An additional change is made by the insertion of the words "or uses the construction services of” after the word "employs” on lines 5, 6 and 9, section 1 (b). This amplification ex¬ cludes from the exemption granted by the section, partnerships and other co¬ operative relationships not definitely in¬ cluded by the word “employ.” AMENDATORY PROVISIONS Ceiling Price Regulation 93, section 1 (b) is amended to reati ns follows: (b) Exemption. Neither this regula¬ tion nor any other regulation heretofore or hereafter issued by OPS shall apply to the sale of construction services by an individual man or woman who neither employs or uses the construction serv¬ ices of one or more persons nor employs or uses the construction services of one or more subcontractors. If at any time, however, an individual man or woman who is exempted by this provision em¬ ploys or uses the construction services of one or more persons or one or more sub¬ contractors he or she is subject to this regulation and must comply with all of its provisions including the record-keep¬ ing and reporting requirements. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment shall become effective December 24, 1951. Michael V. DiSalle, Director of Price Stabilization. December 18, 1951. ' - A \ FILE following 85 Serv 34:11 (12-7-51) 85 Serv 34:9901 OPS PUBLIC FORM NO. 101 UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25, D. C. SALES OF CONSTRUCTION SERVICES ON A TIME AND MATERIALS OR HOURLY RATE BASIS BASIC REPORT FORM APPROVED BUDGET BUREAU NO. 94-R383 The individual company information reported on this form is for use in connection with the De¬ fense Mobilization Program. Persons who have access to individual company information are subject to penalties for unauthorized disclosure. PURSUANT TO CP R 93, SECTIONS 21 AND 32 This form may be reproduced without change. See instructions before filling in this form Submit Original only to the OPS District Office located nearest your principal place of business. NAME OF COMPANY * ADDRESS OF COMPANY (Stree t and No. ) (City, Zone, State ) TYPE OF SERVICE 1 - CEILING CHARGE FOR LABOR (HOURLY RATE) - Section 21(a) CLASSIFICATION OF LABOR USED (a) WAGE RATE PAID (per hour) PAYROLL COSTS (per hour) TOTAL LABOR COST (per hour) CEILING CHARGE TO BUYER (per hour) BASE PERIOD (b) CURRENT (c) BASE PERIOD (d) CURRENT (•) BASE PERIOD (0 CURRENT (g) BASE PERIOD (h) CURRENT (i) 1 i L f 85 Serv 34:9902 OPS PUBL 1C FORM NO. 101 (PAGE 2) 2 - CEILING CHARGE FOR MATERIALS - Section 21(b) TYPE OF MATERIALS (a) BASE PERIOD PERCENTAGE MARKUP CPR 93 PROFIT (b) OVERHEAD (c) PROFIT MARKUP 90% OF (b) (d) TOTAL MARKUP (•) • J t 3 - CEILING CHARGE FOR USE OF .CONSTRUCTION EQUIPMENT WHICH YOU DO NOT OWN - Section 21(d) COST BASE (b) BASE PERIOD PER- CENTAGE MARKUP CPR 93 TYPE OF EQUIPMENT (a) PROFIT (c) OVERHEAD (d) PROFIT MARKUP 90% OF (c) (•) TOTAL MARKUP (0 85 Serv 34:9903 4 - CEILING CHARGE FOR USE OF CONSTRUCTION EQUIPMENT OWNED BY YOU - Section 21(c) BASE REPLACEMENT COST RATIO (d)-(c) (•) CEILING TYPE OF EQUIPMENT (a) PERIOD CHARGE (b) BASE PERIOD (c) CURRENT (d) CHARGE (b) x (e) (0 * I certify that the information given in this form is true and correct to the best of my knowledge and belief. NOTICE: A willfully false statement is a criminal offense. SIGNATURE OF OWNER OR AUTHORIZED AGENT TITLE DATE INSTRUCTIONS This report must be filed with the appropriate OPS District office if you charged for construction services on the basis of hourly rates for labor, plus additional separate charges for materials and equipment service during the base period (July 1, 1949 to June 24, 1950). Type of Service: Indicate the kind of service you offer, for example: a. Plumbing, heating, air conditioning, and refrigeration f. Roofing and insulation b. Painting and paper hanging g. Sheet metal work c. Electrical work h. Concrete work d. Masonry, tile setting, and/or plastering i. Water well drilling e. Carpentry and wood flooring j. Miscellaneous special trade contractors (specify) 1 - CEILING CHARGE FOR LABOR - SEC. 21(a) Col. (a) Classification of Labor Used: List under this heading the labor classifications which you used during the base period (July 1, 1949 to June 24, 1950). “Classification of labor” means an hourly rated job identified by the kind of work per¬ formed and according to the customary skill required. (For Example: journeyman plumber, carpenter, steamfitter, apprentice, senior apprentice, helper, laborer). Col. (b) Wage Rate Paid (per hour): In this column list for each classification of labor the highest straight time hourly wage rate you paid during the base period July 1, 1949 through June 24, 1950. Col. (c) Wage Rate Paid (per hour)—Current: In this column list the straight time hourly wage rate which you pay each classification of labor &6 of the date of this report. Col. (d) and Col. (e) Payroll Costs (per hour): Payroll costs include payroll taxes; cost of pension and insurance plans; premiums for compensation, liability and other required insurance which is based upon your payroll (but do not include trade association and union dues). Col. (f) Total Labor Cost—Ease Feriod: Base period hourly cost to you of each classification of labor established for a payroll period which was concurrent with your hourly charge shown in (h). This amount for the base period is (b) plus (d). (Instructions continued on d age 4) OPS PUBLIC FORM NO. 101 (PAGE 3) 85 Serv 34:9904 Col. (g) Total Labor Cost—Curent: Current hourly cost to you of each classification of labor, including applicable pay¬ roll costs, as defined under (d) and (e) above. This amount equals (c) plus (e). Col. (h) Ceiling Charge to Buyer-Base Period: Determine the highest charge per hour which you made to a purchaser of the same class for each classification of labor during the base period. Col. (j) Ceiling Charge to Buyer—Current: This column equals the amount shown in (h) plus the difference between (f) and (g). This is your hourly charge for labor. 2 - CEILING CHARGE FOR MATERIALS • SEC. 21(b) Col. (a) Type of Materials: If during the base period, it was your practice to apply markups which varied in accordance with the general type or category of material used, you must list each such type or category having a different percentage markup. If, during the base period, you used only one percentage markup applied to all materials regardless of type or cate¬ gory, it will be sufficient for you to show “ all materials 9 under column (a), and to carry a single line of percentage figures across columns (b), (c), (d) and (e). If during the base period, your total markup over the cost to you of lumber (of all grades) was 25%, total markup over building hardware (of all kinds) was 39%, and your markup oyer all other materials (regardless of type) was 10%, you list only the three terms, “Lumber” “Building Hardware”, and “All Others” in column (a). Col. (b) and Col. (c) Base Period Percentage Markup—Profit - Overhead: Find the highest percentage markup over the cost to you for each general type or category of material listed in column (a) which you had in effect during the base period for a purchaser of the same class. Separate each of these percentage markups into the applicable percentage representing profit, column (b), and the applicable percentage representing overhead, column (c). For example: If the total markup over the cost to you of lumber (of all grades) was 25%, 15% may have represented your profit and 10% would have remained to represent your recovery of overhead expenses. Enter the 15% in column (b) and 10% in column (c). Col. (d) CPR 93—Profit Markup: Diminish your profit markup shown in column (b) by 10% and enter this reduced profit markup in column (d). For example: If your profit markup was 20% during the base period your diminished profit markup is 18%. Col. (s) CPR 93—Total Markup: Add that portion of your base period markup which represented your recovery of overhead expenses, column (c), to your diminished profit markup, column (d). This is your revised total markup, column (e), and may be applied to the current cost to you of materials in the category which you have shown. If you find that separation of your base period markup into an applicable percentage for recovery of overhead expenses and applicable percentage representing profit cannot be made, or imposes undue hardship, you may omit this separation and diminish your total base period percentage markup by 10%. If you choose this method, enter your total base period percentage markup in column (b); do not make any entries in either columns (c) or (d); in column (e) enter 9/10 of the percentage you have shown in column (b) — this will give you your revised total percentage markup. 3 - CEILING CHARGE FOR USE OF CONSTRUCTION EQUIPMENT WHICH YOU DO NOT OWN - SEC. 21(d) Col. (a) Type of Equipment: List here by type or category the construction equipment not owned by you which you used in the completion of your construction service. For example: Power saws, cranes, ditchers, and bulldozers. Col. (b) Cost Base: Specify the elements of cost to which your markup for profit and overhead was applied in accordance with your base period practice. For example: Your markup may have been applied to your rental cost alone, to your operating costs alone, or to your combined rental and operating costs. Col. (c) and Col. (d) Base Period Percentage Markup—Profit - Overhead: Find the highest percentage markup over your cost base which you had in effect during the base period for an item of construction equipment of the same kind for a purchaser of the same class. Separate that percentage markup into the applicable percentage representing profit, column (c), and the ap¬ plicable percentage representing your recovery of overhead or other expense, column (d). For example: If the total markup over the cost base used by you was 40%, 15% may have represented your profit and 25% represented your recovery of overhead expenses. Enter 15% in column (c) and 25% in column (d). Col. (e) CPR 93—Profit Markup: Diminish the profit markup shown in column (c) by 10% and enter this diminished profit markup in column (e). For example: If your profit markup shown in column (c) is 15% during your base period,' your diminished profit markup is 13.5%. Col. (f) CPR 93—Total Markup: Add the diminished profit markup found in column (e) to that portion of your base period markup representing your recovery of overhead expense (or overhead expense plus your estimated operating expense) as found in column (d). This is your revised total markup. If you find that separation of your base period markup into an applicable percentage for recovery of overhead expenses and an applicable percentage representing profit cannot be made, or imposes undue hardship, you may omit this separation and diminish your total base period percentage markup by 10%. If you choose this method, enter your total base period percentage markup in column (c); do not make any entries in either columns (d) or (e); in column (f) enter 9/10 of the percentage you have shown in column (c) — this will give you your revised total percentage markup. 4 - CEILING CHARGE FOR THE USE OF CONSTRUCTION EQUIPMENT OWNED BY YOU - SEC. 21(c) Col. (a) Typo of Equipment: List here by type or category the construction equipment owned by you which you used in the completion of the construction service. For example: Power saws, cranes,'ditchers, and bulldozers. Col. (b) Base Period Charge: Find the highest charge (by the hour, day, job, or other unit) which you had in-effect dur¬ ing the base period (July 1, 1949 to June 24, 1950) for an item of construction equipment of the same kind for a purchaser of the same class. Col. (c) and Col. (d) Replacement Cost—Base Period—Current: List in column (c) the base period replacement costtoyou of the items of construction equipment. List in column (d) the current cost to you for replacement of these items of construction eqpipment. Col. (e) Ratio: Divide the current cost of replacement, column (d), by base period replacement^cost, column fc), and enter this figure in column (e). Col. (f) Coiling Charge: Multiply the base period charges, column (b) by the ratio, column (e). This is your ceiling charge. For example: If your base period charge was $5.00 a day for the use of an item of construction, equipment having a base period replacement cost of $1000 and a current replacement cost of $1100, your ceiling charge for the use of that item of construction equipment, under this regulation,would be $5 x or $5.50 per day. (Section 21(c)(6) provides for your re¬ covery of operating costs.) (See Section 32 of CPR 93 for more details concerning filing of reports.) OPS PU8L 1C FORM NO. 101 (PAGE 4) FILE following 85 Serv 34:9904 (12-7-51) 85 Serv 34:9905 OPS PUBLIC FORM NO. 102 UNITED STATES GOVERNMENT OFFICE OF PRICE STABILIZATION WASHINGTON 25, D. C. CEILING CHARGE FOR LABOR (HOURLY RATE) CONSTRUCTION AND RELATED SERVICES SUPPLEMENTAL REPORT PURSUANT TO CPR 93, SECTION 32 See Instructions on reverse of this form FORM APPROVED BUDGET BUREAU NO. 94-R384 The individual company information raportad on this form is for usa in connection with tho De- fans* Mobilization Program. Parsons who hav* access to individual company information ore subject to penalties for unauthorized disclosure. This form may be reproduced without change Submit Original only to the OPS District Office located nearest your principal place of business NAME OF COMPANY ADDRESS OF COMPANY (Street and No. ) (City, Zone, State) PUBLIC FORM NO. 101 WAS FILED IN OPS DISTRICT OFFICE (City and State} (Date of fil in g) 1-CEILING CHARGE FOR LABOR (HOURLY RATE) CLASSIFICATION OF LABOR USED (a) PREVIOUSLY REPORTED CURRENT DATA TOTAL LABOR COST (per hour) (b) CEILING CHARGE TO BUYER (per hour) (O TOTAL LABOR COST (par hour) (d) INCREASE IN TOTAL LABOR COST (per hou(V (•) CEILING CHARGE TO BUYER (par hour) (0 . % I certify that the information shown on this form is true and correct to the best of my knowledge and belief. NOTICE - A willfully false statement is a criminal offense. SIGNATURE OF OWNER OR AUTHORIZED AGENT TITLE DATE 85 Serv 34:9906 INSTRUCTIONS FOR COMPLETING OPS PUBLIC FORM NO. 102, CEILING CHARGE FOR LABOR (HOURLY R AT E)--CONST RUCTION AND RELATED SERVICES You should not file this OPS Public Form No. 102 unless you have already filed OPS Public Form No. 101, Basic Report, “Sales of Construction Services on a Time and Materials or Hourly Rate Basis*, and you are quoting or charging a higher ceiling charge than the ceiling charge reported on OPS Public Form No. 101. This report should be sent to the same OPS District office with which you filed OPS Public Form No. 101. OPS Public Form No. 101 Was riled Indicate the District office of OPS with which OPS Public Form No. 101 (Basic Report) was filed and the date it was filed. Col. (a) Classification of Labor Used Repeat the labor classifications listed on OPS Public Form No. 101 for which you are changing your labor charge per hour based on changes in hourly wage rates paid by you. Col. (b) Previously Reported—Total Labor Cost (per hour) Repeat the amount previously reported as ‘Current Total Labor Cost (per hoi>^", column (g) of OPS Public Form No. 101. Col. (c) Previously Reported-Ceiling Charge to Buyer (per hour) Repeat the amount previously reported as “Current Ceiling Charge to Buyer (per hour)”, column (j) on OPS Public Form No. 101. Col. (d) Current Data—Total Labor Cost (per hour) To determine this amount, for each classification of labor add your current wage rate per hour to your current payroll costs per hour. Payroll costs include payroll taxes, cost of pension and insurance plans, premiums for compensation, liability and other required insurance which is based upon the hourly labor rate (but do not include trade association and union dues). Col. (e) Current Dato-Jncrease in Total Labor Cost (per hour) To determine this amount for each labor classification, subtract your previously reported total la¬ bor cost (per hour), column (b), from your current total labor cost (per hour), column (d). Col. (f) Current Data—Coiling Charge to Buyer (per hour) This charge is derived by adding your current increase in total labor cost per hour, column (e), and your previously reported ceiling charge to buyer (per hour), column (c). (See Section 32 of CPR 93 for more details concerning filing of reports.) FILE following 85 Serv 34:9906 U2-7-51) 85 Serv 34:9907 o o z S; w <2 5 3 CO g to UJ (- < H to O UJ H Z Z3 ro o 5 QC O UL u CO D Q. 80 Q. o 8^ o._c • ; > 2 c «. O I u i s .5 8 » u C C o — fc «l O 3 O o > S _ > * • J ° S O O .£ -fc 'Z V * o » - Si-s me* A> *0 c U -c o a o ■<; t >. i • 2 *t C a. 5 g E f WO 3 o k. _ Q. o ' si. Z > • O -o .2 C r 2 ■o *> u a "13 O * a > E £i -s o o «- 2 - • 2 cl o fi g 3 a .s u 1 o CO **2 So C o 6 -o a on I Ui O w Q UJ < < S “jSz ^ -J o u ri H uj 0^ V» to 9 = «•? 5 U. o < o “ *£ & O CL UJ ^ “ I 2 § CO Q. — “ o 2 O u =o m !0 •* CO o Q£ CL u '£ oj^ — u- = O' UJ Q. o> U w + ^3 ,1*0- ^ <=> ~ <_JV o>„ |r-i<* x £, °o<- h os^ z O 22 S H m U U ts> t— — CO o on CL U Q O on UJ 0L uj to < CQ < TJ LL O ^ n-8 2 H < . CO LU 8— O IwU a uj . : UJ - H • > °° CO O z u. _ O o a ' x 0 - t- „ 2 W ~ UJ — o o |_ £. U — < h- to 2 CL 3 a UJ on o _i on UJ u. O 2 UJ £ 6? 6? J8 -o a «a 4) CIO 13 CJ J o 5 3 O V O ^ •S ° CO O « .5 ? E M) ^ | .« o -iH JI^S - 3 « x ■2 • x. uj » o - % SIGNATURE OF OWNER OR AUTHORIZED AGENT TITLE DATE 85 Serv 34:9908 INSTRUCTIONS FOR COMPLETING OPS PUBLIC FORM NO. 103, CONSTRUCTION AND RELATED SERVICES--BASIC REPORT OF INSTALLED SALES OPS Public Form No. 103 must be filed with the appropriate OPS District office if, during the base period, you charged for installed sales on the basis of a single charge which included the cost of the item and a markup over that cost wherein your markup was calculated to recover estimated installa¬ tion cost under average conditions, to recover your overhead and to leave you a margin of profit. This type of installed sale transaction is covered by Section 22(c) of CPR 93- Type of Establishment This refers to the nature of your business. Indicate whether you operate a plumbing,heating or electrical shop, or other specific type of establishment. Col. (a) Item of Material or Equipment Installed Insert here the name of the item (including minimum identification) installed. This refers to entire item or assembly, inclusive of all the component parts necessary to complete the installation. For in¬ stance, if you install a kitchen sink, you specify in Column (a) “kitchen sink* and the type and size of that sink; this item would be considered as including all the component parts such as faucets, drains, pipes, and all appurtenances. Col. (b) Base Period Cost of Item Show here the total cost to you during the base period of the entire item to be installed, including component parts, as defined under (a) above. Col. (c) and Col. (d) Base Period Percentage Markup for Profit—Percentage Maijcup for Combined Over¬ head Expenses and Estimated Installation Cost These two percentages are derived by separating your highest base period markup over the cost to you of the item to be installed into the applicable percentage representing profit and the applicable per¬ centage representing your recovery of combined overhead expenses and your recovery of estimated in¬ stallation cost. "Col. («)CPR 93--Percentage Markup for Profit Insert 90% of the base period percentage markup for profit noted in Column (c). Col. (f) CPR 93—Total Percentage Markup The data here is derived from adding the percentages in Columns (d) and (e). Col. (g) Current Cost of Item Show here the curreht total cost to you of the entire item to be installed, including component parts, as defined in (a) above. Col. (h)CPR 93—Total Dollar Markup This dollar amount is derived from multiplying the percentage in Column (f) by the current cost of item. Column (g). Col. (j) CPR 93—Ceiling Price This figure is derived by totaling the data appearing in Columns (g) and (h). If you find that separation of your base period markup into an applicable percentage for recovery of overhead and estimated installation cost expenses and an applicable percentage representing profit cannot be made, or imposes undue hardship, you may omit this separation and diminish your total base period percentage markup by 10%.,) If you choose this method, enter your total base period percentage markup in Column (c); do not make any entries in either Columns (d) or (e); in Column (f) enter 9/10 of the percentage you have shown in Column (c) — this will give you your CPR 93 total percentage markup. (See Section 32 of CPR 93 for more details concernina filing of reports) FILE following 85 Serv 34:9908 (12-7-51) 85 Serv 34:9909 4> -Q 4> to 0> * o c E a 0) 0) rS u fc o o HD a co s •§ c 0) > 'Sc c o w co E Im o «■*-« c 4) ~C (0 -C 4) O g c Eh a oo QJ CO ( 'cl o ’I h 9 < ^ «/> 85 Serv 34:9910 INSTRUCTIONS FOR COMPLETING OPS PUBLIC FORM NO. 104 CONSTRUCTION AND RELATED SERVICES--SUPPLEMENTAL REPORT OF INSTALLED SALES You should not file this Public Form No. 104 unless you have already filed OPS Public Form No. 103, “Construction and Related Services—Basic Report of Installed Sales," and you are quoting or charg¬ ing a higher ceiling price than the ceiling price reported on OPS Public Form No. 103. This report should be sent to the appropriate OPS District Office with which you filed OPS Public Form No. 103. OPS Public Form No. 103 Was Filed Indicate the District office of OPS with which OPS Public Form No. 103 was filed and the date it was filed. Col. (a) Item of Material or Equipment Installed Insert here the name (including minimum identification) of the item installed. This refers to en¬ tire item or assembly, inclusive of all the component parts necessary to complete the installation. For instance, if you install a kitchen sink, you specify in column (a) “kitchen sink” and the type and size of that sink; this item would be considered as including all the component parts such as faucets, drains, pipes, and ail appurtenances. Col. (b) Previously Reported Cost of Item Repeat here the amount reported as “Current Cost of Item” in Column (g), OPS Public Form No. 103. Col. (c) Previously Reported-CPR 93—Total Percentage Markup Repeat the percentage reported in Column (f), OPS Public Form No. 103. Col. (d) Previously Reported—CPR 93—Ceiling Prices Repeat the ceiling price reported in Column (j), OPS Public Form No. 103. Col. (e) Current Data—New Cost of Item Show here the total cost to you, as of the date of this supplemental report, of the entire item to be installed, including component parts, as defined under (a) above. Col. (f) Current Data—Revised Ceiling Price This figure is derived by multiplying the CPR total percentage markup. Column (c), by the new cost of the item, Column (e), and adding the resulting dollar amount to the new cost of item, Column (e). (See Section 32 of CPR 93 for more details concerning filing of reports.) FILE following 85 Serv 32:9203 Excepted Services (7-11-51) 85 Serv 61:1 General Overriding Regulation 14 Excepted Services JULY 9, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14] GOR 14 —Excepted Services Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended, Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this General Overriding Regulation is hereby issued. STATEMENT OF CONSIDERATIONS This General Overriding Regulation is an across-the-board regulation which exempts certain services from price con¬ trol. All services now or hereafter to¬ tally exempted from price control will be listed in this General Overriding Regulation. Some of the listed services have al¬ ready been exempted under the provi¬ sions of Supplementary Regulation 15 to the General Ceiling Price Regulation. This supplementary regulation is simul¬ taneously being revoked insofar as it deals with total exemptions. After this date,-it will deal only with temporary suspensions and adjustable pricing au¬ thority as to sellers of certain services. The services which are now temporarily suspended are services furnished by hospitals and summer camps and cer¬ tain services related to harvesting and packing of fresh fruits, vegetables, ber¬ ries and nuts. The adjustable pricing authority is now applicable to contract carriers by motor vehicle and lessors of trucks and passenger cars. Those services already exempted un¬ der such Supplementary Regulation 15 and which are merely incorporated into this General Overriding Regulation for convenience are services rendered by schools, printing and binding services pursuant to contract with the United States Government Printing Office, drilling of oil and gas wells and certain other services related to oil and gas wells, and certain rates regulated by the Department of Agriculture under the Packers and Stockyards Act. The statement of considerations for such Supplementary Regulation 15 discusses the reasons for these exemptions. A number of services are exempted from price control for the first time by this General Overriding Regulation. They fall within three groups: (1) serv¬ ices over which the Office of Price Sta¬ bilization has no control by virtue of the provisions of section 402 (e) of the De¬ fense Production Act of 1950; (2) serv¬ ices which have minor significance and slight effect upon the cost of living; and (3) services which cannot practicably be controlled. In the first category are a number of exemptions for professional services as well as exemptions relating to publish¬ ing, broadcasting, motion picture and insurance fields. These groups are dealt with by section 402 (e) of the Defense Production Act of 1950. In the second category are services such as the repair and maintenance of antiques, shoe shining by shoe shine boys, taxidermy, etc. The third group includes stevedoring and watchman and guard services. These services involve such a narrow margin over labor cost and often involve such an individualized pattern of charg¬ ing that the administrative difficulties of control out-weigh the benefits. The use of parking space on streets and thoroughfares when regulated by governmentally operated parking meters is exempted from price control. Park¬ ing fees usually partake more of the nature of a tax or the exercise of a municipal police power in the regulation of the use of public streets than a charge for a service. This exemption from park¬ ing does not apply to parking charges in lots operated by governmental agencies or private persons. A number of services are exempted by an occupational designation. It is made clear in the regulation that the exemp¬ tion extends to services which fall within the scope of the particular occupation and which are not performed as an in¬ cident to a non-exempt service. All services rendered by employees are exempted since the control of wages and salaries is not within the scope of Office of Price Stabilization activities. Services rendered by way of employment are un¬ der Wage Stabilization Board jurisdic¬ tion. This additional list was prepared after the Director of Price Stabilization had consulted with numerous representa¬ tives from various service fields and had given consideration to their recom¬ mendations. Subjecting the charges for these services to price control would have no appreciable effect on the pro¬ gram of price stabilization and would impose an unnecessary administrative and enforcement burden. In the judg¬ ment of the Director of Price Stabiliza¬ tion, in view of the nature of the addi¬ tional services exempted, no ceilings are required to be applied to prices for such services. regulatory provisions Sec. 1. What this regulation does. 2. Applicability. 3. Exceptions. Authority: Sections 1 to 3 Issued under sec. 704; Pub. Law 774, 81st Cong. Interpret or apply Title IV, Pub. Law 774, 81st Cong., E. O. 10161, Sept. 9, 1950, 15 P. R. 6105; 3 CPR, 1950 Supp. Section 1. What this regulation does. This regulation excepts from any ceiling price restrictions imposed by the Office of Price Stabilization the rates, fees and charges for supplying the services enu¬ merated. Sec. 2. Applicability K The provisions of this General Overriding Regulation are applicable to services supplied in the 48 States of the United States, the Dis¬ trict of Columbia, and Alaska, Guam, Hawaii, Puerto Rico, Samoa and the Virgin Islands. Sec. 3. Exceptions, (a) No ceiling price regulation now or hereafter issued by the Office of Price Stabilization shall apply to the rates, fees and charges for the supply of the services listed below and the services which fall within the scope of the occupations listed below: (1) Accountants and auditors. (2) Actors and actresses. (3) Actuaries. (4) Architects. (5) Artists. (6) Athletes. (7) Authors. (8) Cartoonists. (9) Chemists. (10) Chiropodists. (11) Chiropractors. (12) Clergymen. (13) Consuls and consulates of foreign governments. (14) Correspondents and news commen¬ tators. (15) Dentists. (16) Detective Agencies. (17) Discounting, purchasing or advanc¬ ing monies upon the security of accounts receivable, promissory notes, bills of ex¬ change and other like commercial paper. (18) Drilling of oil and gas wells, includ¬ ing necessary operations in connection therewith, such as electrical logging services, preparation of locations, shot hole and dia¬ mond core drilling, fishing Jobs, pulling, salvaging and plugging operations. (19) Economists. (20) Editors. (21) Educational services rendered In the educational facilities of schools and educa¬ tional Institutions which provide a syste¬ matic and supervised course of Instruction in a branch of knowledge, art, craft, or skill. (22) Engineers—(aeronautical, chemical, civil, electrical. Industrial, mechanical, met¬ allurgical, minlhg, marine, etc.) other th&n engineering firms engaged In the sale of equipment or in contract construction. (23) Entertainers. (24) Fire fighting services in connection with oil and gas wells. (25) Foresters. (26) Geologists. (27) Trimming of hedges and cutting and maintenance ot lawns. (28) Services performed In any calendar or fiscal year by any Individual In his own home, but only If the total amount of the rates, fees and charges received therefor In the next preceding calendar or fiscal year did not exceed the sum of $5,000. (29) Hunting, fishing, and trapping privi¬ leges on preserves. (30) Interest for the use of money. 85 Serv 61:2 (31) Investment counselling. (32) Repair and engraving of Jewelry and articles of gold, silver or plated ware and the cutting, polishing and setting of precious or seml-preclous stones and pearls. (Stor¬ age of such materials in safe deposit facili¬ ties is subject to Ceiling Price Regulation 34 as well as storage otherwise than In safe deposit facilities.) (33) Lawyers. (34) Lecturers. (35) Marketing forecasting. (36) Mathematicians. (37) Metallurgists. (38) Meteorologists. (39) Musicians. (40) Naturopaths. (41) Nurserymen rendering landscaping services in connection with a sale of an exempted commodity. (42) Nurses. (43) Repair and maintenance of objects of art and commodities made prior to 1850. (44) Occult sciences practitioners—spirit¬ ualists, mediums, fortune-tellers, astrologers. (45) Osteopaths. (46) Use of parking space on public streets and thoroughfares when regulated by goveramentally operated parking meters. This exemption does not apply to motor ve¬ hicle parking rates, fees and charges In park¬ ing lots operated by governmental agencies. (47) Pharmacists—registered, for filling prescriptions which require the services of a registered pharmacist, and which contain a physician’s, dentist’s, veterinarian’s, or any other licensed practitioner’s written direc¬ tions as to use, and is signed by him; pro¬ vided, however, that where a registered pharmacist sells a product without transpos¬ ing the written directions from the prescrip¬ tion to the label, that Is the sale of a com¬ modity and Is not exempt under this regula¬ tion. (48) Physicians and surgeons. (49) Physicists. (50) Printing and binding services ren¬ dered by printers and binders pursuant to ‘‘Standard Rate Contracts” entered Into with the United States Government Printing Office. (51) Program elements (package produc¬ tions) furnished by independent contrac¬ tors (package producers) for use in radio or television broadcasting or in a motion pic¬ ture, theater or night club. (52) Psychologists. (53) Shoe shining services supplied other¬ wise than In the operation of a business establishment. (54) Sports officials. (55) Statisticians. (56) Stevedoring (the loading or unload¬ ing of waterborne freight, the taking of goods from a place of rest on land or on a dock, pier, barge or lighter and stowing them In the hold or other cargo space of a ship or transferring goods similarly from the ship to a place of rest on land dock, pier, barge or lighter Including the customary sorting and piling) and carloading and unloading serv¬ ices in connection with stevedoring (the loading or unloading of freight cars per¬ formed In connection with a “stevedoring” operation at the same general location on goods or merchandise that have been or are about to be subject to such “stevedoring” operation) when performed for any carrier by water, foreign or domestic. (57) Surveyors. (58) Syndicates which sell commodities or supply services the primary value of which depends upon editorial content, expression of Ideas or dissemination of Information. (59) Taxidermy. (60) Teachers. (61) Transportation of United States mail and parcel post. (62) Trust, estate, escrow and corporate fiscal agency services—executorships, admin- istratorships, guardianships, conservators and committeeships of minors and Incom¬ petents, trusteeships (trustee services ren¬ dered with respect to personal, corporate and pension trusts, and agency, custody and in¬ vestment advisory actions), escrow services, coupon and dividend paying agency services, stock transfer agency and reglstrarshlp services. (63) Veterinarians—registered or licensed under state or Municipal law. (64) (1) Services, the rates for which are regulated by the United States Department of Agriculture under the Packers and Stock- yards Act, as amended. (il) Grading, inspecting, classing, testing, weighing, analyzing, or licensing the fees or charges for which are fixed, approved or col¬ lected by the United States Department of Agriculture; and fees collected or charges made by the United States Department of Agriculture under Its programs. (Ill) Financing operations paid directly by the United States Department of Agriculture under its programs. (65) Services supplied by the United States Post Office Department. (66) Snow removal services and rental equipment used In connection with snow removal, when performed for or rented to, the United States or any agency thereof, or to any State or Territorial government, or any agency or political subdivision thereof. (67) Watchman and guard services. Effective date. This General Over¬ riding Regulation is effective July 9, 1951. Michael V. DiSalle, Director of Price Stabilization. July 9, 1951. FILE following 85 Serv 61:2 (7-24-51) 85 Serv 61:3 Certain Railroad Car Repair Services General Overriding Regulation 14 Amendment 1 JULY 25, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Amendment 1] GOR 14 —Excepted Services CERTAIN RAILROAD CAR REPAIR SERVICES Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this amendment to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS Each year the Association of Ameri¬ can Railroads issues a Code of Rules governing the condition of, and charges for repairs to, freight and passenger cars used in interchange service when made by one participant in the Code on cars owned by another participant. Under the Code of Rules, cars inter¬ changed by subscribers thereto must be inspected at railroad junction points, and repairs necessary to insure safe op¬ eration must be made before the cars may proceed. The charges set forth in the Code are based on the average cur¬ rent labor rates and material costs of all the subscribers to the Code, without profit, and practically all owners of rail¬ road cars used in interchange service subscribe, to the Code. While in any particular month some car owners will perform more than their normal quota of repair work, for the most part there will be leveling off over a period of time as to the amount of repair work performed by the respective car owners. By utilizing the repair serv¬ ice provided for in the Code of Rules, the cost to the car owners is either the same as, or less than, the cost would be if they performed their own repair work. Since the repair services referred to are per¬ formed, without profit, exclusively among participants in the Code of Rules, the exemption from price control will in no way defeat or impair the price stabiliza¬ tion program, nor will such exemption have any material effect upon the cost of living or upon the general level of prices. amendatory PROVISIONS General Overriding Regulation 14 is amended by adding a new section 4 to read as follows: Sec. 4. Railroad car repair services performed by a railroad or other rail¬ road car owner which is a party to the freight and passenger car interchange rules agreement of the Association of American Railroads in effect at the time of performance, when the charges for such services (including the furnishing of repair parts incidental thereto) are prescribed by the Code of Rules of the Association of American Railroads gov¬ erning the condition of, and repairs to, freight and passenger cars for the in¬ terchange of traffic. (Sec. 704, Publ. Law 774, 81st Cong.) Effective date. This amendment to General Overriding Regulation 14 shall become effective July 30, 1951. Michael V. DiSalle, Director of Price Stabilization. July 25, 1951. FILE following 85 Serv 61:3 (9-21-51) 85 Serv 61:3a CORRECTION - RAILROAD CAR REPAIR SERVICES GENERAL OVERRIDING REGULATION 14 AMENDMENT 1 CORRECTION OFFICE OF PRICE STABILIZATION AUGUST 18. 1951 WASHINGTON, D.C. (General Overriding Regulation 14 r Amendment 1J GOR 14—Excepted Services CERTAIN RAILROAD CAR REPAIR SERVICES Correction The following corrections are made to General Overriding Regulation 14, Amendment 1 <16 P. R. 7328). 1. Under the heading “Amendatory Provisions," the statement reading “General” Overriding Regulation 14 is amended by adding a new section 4 to read as follows: “is corrected to read as follows: General Overriding Regulation 14 is amended by adding to section 3 the following: 2. The title “Sec. 4.” is corrected to read as follows: “(68)”. - - '■ t . M JH 1 i . I (9-19-51) 85 Serv 61:5 General Overriding Regulation 14 Amendment 2 SEPT. 19, 1951 OFFICE OF PRICE STABILIZATION FILE following 85 Serv 61:3 Additional Excepted Services TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Arndt. 2] GOR 14— Excepted Services ADDITIONAL EXCEPTED SERVICES Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 P. R. 738), this Amendment 2 to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment exempts from all ceiling price regulations imposed by the Office of Price Stabilization, certain services which have minor significance and slight effect upon the cost of living, or services which cannot be practicably controlled. Among such services are custom house brokers and foreign freight forwarders. The diversified nature of these non-re- tail services and the fact that payments therefor are often made outside the United States are such as to make im¬ practicable their control under ceiling price regulations. Also exempt are services supplied di¬ rectly by any Federal, State or muni¬ cipal government or any of their agen¬ cies, or political subdivisions, except services supplied in connection with terminals, docks, or warehousing fa¬ cilities. Services performed by these governmental units usually involve an exercise of governmental powers on be¬ half of the public or powers which are essential to or inherent in governmental stability. The exemption, however, is limited to services rendered solely and directly by a government or by its gov¬ ernmental agencies, and does not ex¬ tend to services rendered on behalf thereof by non-governmental agencies, such as subcontractors, lessees, licensees or concessionaires. Nor does the exemp¬ tion apply to sales of commodities or services incidental or related to sales of commodities, even though such serv¬ ices are rendered directly by any such government or governmental agency. Advertising agency services and serv¬ ices rendered by managers for actors, ac¬ tresses, and athletes and by labor rela¬ tions counsellors involve the interaction of many factors, such as varying mar¬ keting conditions and demands, time element, individual fee negotiations and with respect to advertising agen¬ cies special talent and subject matter incident thereto, which render such services not practicably amenable to regulation. WASHINGTON Claims adjusters, regardless of wheth¬ er they do or do not work upon claims re¬ lated to insurance as such, are perform¬ ing services which are quasi-profession¬ al in nature and which have slight ef¬ fect upon the cost of living. For these reasons an exception for services ren¬ dered by claims adjusters is deemed to be appropriate. Rates and fees charged by real estate brokers, agents and appraisers, and those charged by mortgage brokers and mort¬ gagees in connection with the negotia¬ tion, placement and securing of mort¬ gages, are being exempt from price sta¬ bilization principally because the serv¬ ices rendered are varied and complex in nature and continuance of control would impose an administrative burden out of proportion to the benefits to be gained. Consideration has been given* to the exemption of the royalties and other charges for all patents, trademarks and copyrights because of their individuality and the diversified and complex nature of the agreements to which their use is subject. There is, however, despite the difficulties inherent in subjecting pat¬ ents, trademarks and copyrights to price stabilization, the danger that royalties and other charges which are a part of the charge for the use or sale of a prod¬ uct if left uncontrolled woula cause a rise in prices of such a product. As a conse¬ quence, the exemption from price con¬ trol of royalties and other charges for the use or sale of patents, trademarks and copyrights does not apply to those royalties and other charges which are incidental to the sale or lease of a com¬ modity by the grantor or an affiliate of the grantor of the patent right. This amendment also exempts club dues and assessments of clubs, organ¬ ized and operated exclusively for social, recreation and other non-profit pur¬ poses (unless such non-profit purposes are combined with a business or trade purpose), where no part of the earnings inures to the benefit of any private shareholder and where such dues and assessments do not constitute a payment for specific services rendered. However, dues and assessments of clubs organized for business or trade purposes or of clubs which combine such business or trade purposes with non-profit purposes, or for which specific services are ren¬ dered, are and will continue to be sub¬ ject to regulation. Maritime pilotage services supplied to ships and vessels and services rendered by justices of the peace, newsboys, no¬ taries public and process servers, to¬ gether with those rendered in connec¬ tion with the detection of flaws in rails by detector cars, fall into the category of services which have minor significance and slight effect upon the cost of living. Into this category also fall ticker and H,ree surgery services. This amendment adds wrecking serv¬ ices to the list of services exempt from price control. The services affected are those in which a “wrecker” undertakes to remove a building or other structure on behalf of the owner in return for the possession of the materials or equipment salvaged in the operation and, in some cases, for an additional monetary con¬ sideration. A “wrecker” is engaged in a highly specialized trade distinguished from demolition and razing where the sole object of the services is to clear a site and no consideration is given to any salvable materials. Wrecking services may involve payment to the owner when the value of the salvaged materials and equipment is in excess of the cost of the services rendered. Site clearance pre¬ paratory to and a part of a new con¬ struction project is not exempted by this amendment; nor is the sale of the mate¬ rials or equipment recovered by the wrecker, his agent, or any other person. Wrecking falls within the third group of services mentioned in the Statement of Considerations for General Overriding Regulation 14—Excepted Services—as one of those services which cannot prac¬ tically be controlled. The considera¬ tions expressed in General Overriding Regulation 14 with respect to this third group are equally applicable to wreck¬ ing services. Due to increased costs of doing busi¬ ness many consignee distributors of pe¬ troleum products have petitioned then- principals for an increase in commissions. Distance of hauling the product seems to be a serious item of complaint on the part of the consignee distributors in that the cost of delivering the product in many cases exceeds the amount of the commis¬ sion. Under the applicable petroleum regulations, prices for sales to consumers are established and are unaffected by changes in commission rates which may be negotiated between suppliers and their consignee distributors. In conferences with representatives of the industry, the Director of Price Stabilization has been advised that any increase in the com¬ mission rates negotiated by consignee distributors of petroleum products and their suppliers will not necessitate any increase in ceiling prices to consumers. There is added by this amendment an exemption for services performed by bar¬ bers and beauticians. This has been done in order to conform ceiling price regulations to section 104 (g) of the De¬ fense Production Act Amendments of 1951 which adds to subsection (e) of sec¬ tion 402 of the Defense Production Act of 1950 a new paragraph “(vii)” which reads in part “Prices charged * * * for services performed by barbers and beauticians.” This amendment also clarifies section 3 (a) (32) by expressly stating that watch 85 Serv 61:6 and clock repair services are not exempt from price control. Ttys amendment to the original list of exemptions provided in General Over¬ riding Regulation 14 was prepared after the Director of Price Stabilization had further consulted with industry repre¬ sentatives in various fields, including trade association representatives, and had given consideration to their recom¬ mendations. AMENDATORY PROVISIONS General Overriding Regulation 14 is amended in the following respects: 1. Paragraph (a) of section 3 is amend¬ ed by adding after “occupations” the words “or categories.” 2. Subparagraph (32) of paragraph (a) of section 3 is amended by adding at the end thereof the following: “This ex¬ emption does not extend to the repair of watches and clocks.” 3. Paragraph (a) of section 3 is amended by adding subparagraphs (69) to (90) so that ceiling price regulations shall not apply to the services which fall within the scope of the occupations or categories listed below: (69) Advertising agencies. (70) Barbers and beauticians. (71) Claims adjusters. (72) Dues and assessments of clubs and associations, organized and operated exclusively for social, recreation and other non-profit purposes (unless such purposes are combined with a business or trade purpose) no part of the earnings of which inures to the benefit of any pri¬ vate shareholder, except when such dues and assessments are in whole or in part charged for the rendering of a specific service or services. Dues and assess¬ ments of clubs and associations having a business or trade purpose (as for exam¬ ple, automobile clubs) even though they could otherwise qualify for an exemption under this paragraph are not included within this exemption. (73) Custom house brokers and for¬ eign freight forwarders. (74) Detection of flaws in rails by de¬ tector cars. (75) Justices of the peace. (76) Labor relations counsellors. (77) Managers of actors, actresses and athletes. (78) Maritime pilotage services sup¬ plied to ships and vessels. (79) Services rendered by mortgage brokers or mortgagees in connection with the negotiation, placement and securing of mortgages. (80) Newspaper carrier hand delivery services. (81) Notaries public. (82) Process servers. (83) Public relations counsellors. (84) Real estate brokers, agents and appraisers. (85) The grant of any right under a patent, trademark or copyright. This exception does not apply to a rate, fee or charge expressly paid or made for such a grant if that grant is incident to or an integral part of a sale or lease by the grantor or an affiliate of the grantor of any material subject to ceiling price reg¬ ulation. (86) Commissions paid by sellers of petroleum products delivered on con¬ signment to dMributors compensated on a commission basis. (87) Ticker services. (88) Tree surgery services. (89) Services supplied directly by the United States, the States, Territories and possessions of the United States, and their political subdivisions and munici¬ palities, the District of Columbia, and any agency of any of the foregoing. This exemption does not extend to the rates, fees or charges, for services which are incidental or related to or connected with the sale of any commodity by any such government or governmental agency, or to the rates, fees or charges of subcon¬ tractors, lessees, licensees, concession¬ aires or other persons supplying such services in a private capacity for any such government or governmental agency. This exemption also does not apply to services supplied in connection with terminals, docks or warehousing facilities by any such government or governmental agency. (90) Wrecking, as a separate transac¬ tion, whereby a building or other struc¬ ture is torn down in such a manner as to salvage materials or equipment or both contained therein or forming part there¬ of ; whereby the services are rendered by a person who is known in the trade as a “wrecker”, who may receive in addition to the salvage a cash payment for his services or who may pay the owner of the building or other structure for the excess of the value of the salvage over the value of his services; and wherein the estimated value of the salvable material or equipment forms a sub¬ stantial portion of the consideration for which the services are rendered. The exemption of wrecking, as herein de¬ fined, does not extend to site clearance performed as part of a construction project, nor does the exemption extend to the resale of the salvaged materials by the wrecker, his agent, or any other person. (Sec. 704, 64 Stat. 816, as amended: 50 U. S. C. App. Supp. 2154) Effective date. This Amendment 2 to General Overriding Regulation 14 shall be effective September 19, 1951. Michael \. DiSalle, Director of Price Stabilization. September 19, 1951. FILE following 85 Serv 61:6 (11-5-51) 85 Serv 61:7 General Overriding Regulation 14 Amendment 3 NOV. 5, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON Additional Excepted Services TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Amdt. 3[ GOR 14 —Excepted Services ADDITIONAL EXCEPTED SERVICES Pursuant to the Defense Production Act of 1950 (Pub. I jaw 774, 81st Cong.), as amended, Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 3 to General Over¬ riding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 3 to General Over¬ riding Regulation 14 extends the list of exemptions contained in that regulation to include certain others which are deemed to have slight effect upon the cost of living or which cannot be prac¬ ticably controlled. Palling into the first named category are cemetery rates, fees and charges of religious or charitable organizations or of cemetery companies exempt from Federal income taxes under section 101 (5) and (6) of the Internal Revenue Code. Interment and cremation serv¬ ices in such cemeteries are performed at cost and in many instances at an actual loss. The average number of employees of non-profit cemeteries is small and they are hard to replace. Recognizing a lag in cemetery wage rates, the Wage Stabilization Board has by its general Regulation No. 7 exempted these organi¬ zations and companies from wage con¬ trols under certain circumstances. It is now deemed advisable to exempt their cemetery activities from price stabiliza¬ tion. Section 3 (a) (72) of General Over¬ riding Regulation 14, as established by amendment 2 thereto, provides for the exemption of dues and assessments of non-profit clubs and associations which do not have a business or trade purpose. When these clubs and associations com¬ bine non-profit purposes with general or trade purposes, their dues and assess¬ ments for these purposes are too general in their application and consequently difficult to control. When, however, such organizations have a specific as well as a general business or trade purpose and their dues and assessments are used for such a specific as well as a general busi¬ ness or trade purpose, then such dues and assessments are and will continue to remain subject to price stabilization. However, automobile clubs and associa¬ tions, while they do have a specific busi¬ ness purpose, are because of their minor effect upon the cost of living by this amendment specifically excepted from the bar of that subparagraph. Street lighting systems dependent on gas are not only few in number but are gradually giving way to the competition provided by other lighting systems. The servicing of a gas lighting system has, therefore, become a specialty performed almost exclusively by municipalities and public utilities or by a limited number of private companies. Because of these factors such services are exempted by this regulation. Section 3 (a) (89) of General Over¬ riding Regulation 14, as established by amendment 2 thereto, provides for the exemption of services supplied directly by the States and their political subdi¬ visions and municipalities, among others, but does not extend to the rates, fees or charges of persons supplying such serv¬ ices in a private capacity for any such government or governmental agency. A new section is added to General Over¬ riding Regulation 14, as amended, which provides that where the seller of an ar¬ ticle must by law collect taxes for a State or municipality and the lav/ permits such seller to retain a portion of such tax money for his own use, the amount of tax money retained by the seller is ex¬ empt from ceiling price regulation. Section 3 (a) (21) of this General Overriding Regulation exempts educa¬ tional services rendered in the educa¬ tional facilities of schools and educa¬ tional institutions which provide a sys¬ tematic and supervised course of instruc¬ tion in a branch of knowledge, art, craft or skill. This exemption was not intend¬ ed to extend to the rates, fees or charges for other than educational services ren¬ dered in schools and educational institu¬ tions. Thus, their sports and entertain¬ ment activities, such as school fairs, or field and athletic events were not exempt. These sports and entertainment activi¬ ties are, however, in general a necessary adjunct to the educational services sup¬ plied by such schools and institutions. Section 3 (a) (21) is, therefore, hereby amended to provide for an exemption for these activities. Subparagraph (84) of paragraph (a) of section 3 to this General Overriding Regulation is amended to clarify its ap¬ plication. This provision is intended to exempt real estate appraisers and the sales and rentals of real property by real property brokers and agents. These services are not only varied and complex but in addition the prices or rentals of real property enjoy statutory exemp¬ tion from price stabilization. Transac¬ tions otherwise affecting real estate, however, are not so exempt. Likewise, it is intended that services other than the selling or rental of real property by real property brokers and agents^ are and continue to be subject to ceiling price regulation. In particular, real estate management services by whomsoever rendered fall without the exemption provided by this regulation. This amendment to the amended list of exemptions provided in General Over¬ riding Regulation 14 was prepared after the Director of Price Stabilization had further consulted with industry repre¬ sentatives in various fields including trade association representatives, and had given consideration to their recom¬ mendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respects: 1. Subparagraph (21) of paragraph (a) of section 3 is amended to read as follows: (21) Educational, sports and entertain¬ ment services rendered by, and in the fa¬ cilities of, schools and educational Institu¬ tions which provide a systematic and su¬ pervised course of Instruction In a branch of knowledge, art, craft or skill. 2. Subparagraph (72) of paragraph (a) of section 3 is amended to read as follows: (72) Dues and assessments of clubs and associations, organized and operated exclu¬ sively for social, recreation and other non¬ profit purposes (unless such purposes are combined with a specific business or trade purpose) no part of the earnings of which inures to the benefit of any private share¬ holder, except when such dues and assess¬ ments are in whole or in part charged for the rendering of a specific service or serv¬ ices. Dues and assessments of clubs and associations having a specific business or trade purpose, except automobile clubs, even though they could otherwise qualify for an exemption under this paragraph are not in¬ cluded within this exemption. 3. Subparagraph (84) of paragraph (a) of section 3 is amended to read as follows: (84) Real property appraisers: and the rates, fees and charges for the sale or rental of real property by real property brokers and agents, other than management agents for real property. 4. Paragraph (a) of section 3 is amended by adding at the end thereof the following: (91) Cemeteries which are operated by re¬ ligious or charitable organizations or by cemetery companies, exempt from Federal income taxes under section 101 (5) and (6) of the Internal Revenue Code. (92) Services rendered in connection with the repair, rental and maintenance of public street gas lighting equipment. (93) State or municipal tax monies col¬ lected from purchasers to the extent such monies are retained pursuant to law by seU- ers of commodities and services. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154.) Effective date. This amendment 3 to General Overriding Regulation 14 shall be effective November 10, 1951. Michael V. DiSalle, Director of Price Stabilization. November 5, 1951. FILE following 85 Serv 61:7 (12-6-51) 85 Serv 61:9 Additional Excepted Services General Overriding Regulation 14 Amendment 4 DEC. 6, 1951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Arndt. 4] GOR 14— Additional Excepted Services THEATER TICKET BROKERS Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended, Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 P. R. 738), this Amendment 4 to General Over¬ riding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment exempts from ceiling price regulation the charges made by governmentally licensed theater ticket brokers for theater ticket services to the extent that the maximum charges for such services are established under stat¬ ute or ordinance. The primary service performed by these ticket brokers is the sale of tickets for admission to theatrical performances. The charges for such ad¬ mission by theater enterprises, them¬ selves, are exempt from ceiling price reg¬ ulation under the provisions of section 402 (e) (iii) of the Defense Production Act of 1950, as amended. This limited exemption to theater ticket brokers is, therefore, consistent with the statutory exemption for theater enterprises. In addition, since the exemption applies only to the extent the maximum fees are controlled under state or local law, this exemption is appropriate for reasons stated in the Statement of Considera¬ tions which accompanied the original is¬ suance of General Overriding Regula¬ tion 14. This amendment to General Overrid¬ ing Regulation 14, as amended, was pre¬ pared after consultation with industry representatives, and due consideration was given to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respect: Paragraph (a) of section 3 is amended by adding at the end thereof the following: (94) Theater ticket brokerage services rendered by theater ticket brokers li¬ censed by governmental authority to the extent that the maximum, charges for such services are established under a statute or a municipal ordinance. (Sec. 704, 64 Stat. 816, as amended; 60 U. S. C. App. Supp. 2154.) Effective date. This amendment 4 to General Overriding Regulation 14 shall be effective December 6,1951. Michael V. DiSalle, Director of Price Stabilization. December 6, 1951. * ■ ‘ FILE following 85 Serv 61:9 (1-2-52) 85 Serv 61:11 Inactive Accounts or Deposits in Maryland General Overriding Regulation 14 Amendment 5 DEC. 29.^951 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Arndt. 5| GOR 14 —Excepted Services INACTIVE ACCOUNTS OR DEPOSITS IN MARYLAND Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended, Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 5 to General Overriding Regulation 14 is hereby is¬ sued. STATEMENT OF CONSIDERATIONS This Amendment 5 to General Over¬ riding Regulation 14 exempts from ceil¬ ing price regulation the charges made against inactive deposits and inactive accounts by banks, trust companies and savings institutions in the State of Mary¬ land to the extent permitted, and under the conditions prescribed, by Chapter 417 of the Laws of Maryland of 1951. Before a charge may be made against these inactive deposits and accounts, they must have been abandoned for a period of ten years. Thereafter, these charges continue until the deposit or account is completely absorbed or until such time (20 years from the time the account or deposit becomes inactive) as the balance of the account or deposit is paid over to the State of Maryland. In addition, the Maryland statute provides for the repayment of such charges by the bank, trust company or savings institu¬ tion to the depositor or his legal repre¬ sentative upon proper proof of identity until such time °s the balance of the de¬ posit or account, if any, is turned over to the Treasurer of the State of Maryland. Thus, these charges by the banks, trust companies or savings institutions are not final but may be set aside at any time before the 20-year period of inactivity elapses. It does not appear, therefore, that such charges result in an absolute diminution of the deposit or account or that there is a present impairment of savings which would have an adverse effect upon the cost of living and the financial well-being of the country. Furthermore, since this narrow exemp¬ tion applies only to the extent permitted under Maryland law, this exemption is appropriate for reasons stated in the Statement of Considerations which ac¬ companies the original issuance of Gen¬ eral Overriding Regulation 14. This amendment to General Overrid¬ ing Regulation 14, as amended, was pre¬ pared after consultation with industry representatives and due consideration was given to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respect: Paragraph (a) of section 3 is amended by adding to the end thereof the fol¬ lowing : (95) Charges made against inactive deposits and inactive accounts by banks, trust companies and savings institutions in the State of Maryland to the extent permitted, and under the conditions pre¬ scribed, by Chapter 417 of the Laws of Maryland of 1951; provided that the amount of the charges remains reim¬ bursable to the depositor upon demand until such time as the account or deposit is required by the Maryland law to be paid over to the Treasurer of the State, or, if the account or deposit shall be ex¬ hausted by such charges, then until such time as it would have been paid over had any balance then remained. (Sec. 704, 84 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 5 to General Overriding Regulation 14 shall become effective December 29, 1951. Harold Leventhal, Acting Director of Price Stabilization. December 29, 1951. ■ - ■ . . ' m FILE following 85 Serv 61:11 fl ^17-52) 85 Serv 61:13 Additional Excepted Service—Optometrists General Overriding Regulation 14 Amendment 6 JAN. 17, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | General Overriding Regulation 14, Amdt. 6) GOR 14 —Excepted Services ADDITIONAL EXCEPTED SERVICE, OPTOM¬ ETRISTS Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended. Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 6 to General Over¬ riding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 6 to General Over¬ riding Regulation 14 exempts the serv¬ ices of an optometrist in the examina¬ tion of human eyes, refraction of vision and making of appropriate ophthalmic prescriptions, since these are generally the rendering of professional services. Rates or fees charged for professional services, as such, are exempt from price control by express provision of the De¬ fense Production Act of 1950, as amended. Insofar as an optometrist is engaged in furnishing ophthalmic sup¬ plies he is selling a commodity, but where that sale is an integral part of a single transaction including the examination, refraction and prescription it is admin¬ istratively impracticable to subject the transaction to price control regulation. Accordingly, this regulation exempts the rendering of services by an optometrist and the furnishing of supplies by an op¬ tometrist in filling his own prescriptions. If he renders any other services or if he furnishes any supplies in either refilling his own prescriptions or in filling pre¬ scriptions of others, the transaction re¬ mains under price control. . This amendment to the original list of exemptions provided in General Over¬ riding Regulation 14, as amended, was prepared after the Director of Price Stabilization had consulted with indus¬ try representatives, and had given con¬ sideration to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respects: Paragraph (a) of section 3 is amended by adding at the end thereof the fol¬ lowing : (96) Services rendered and ophthal¬ mic supplies furnished by optometrists in making and filling their own prescrip¬ tions. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154.) Effective date. This Amendment 6 to General Overriding Regulation 14 shall be effective January 22, 1952. Michael V. DiSalle, Director of Price Stabilisation. January 17, 1952. . . - - * <■ ■ * - _ > • * . 1 •' ■ ' 1 ' .! „ • V-J ■ . ■ • • ' V » v # FILE following 85 Serv 61:13 (1-17-52) 85 Serv 61:15 Certain Advertising Charges • General Overriding Regulation 14 Amendment 7 JAN. 17, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14. Amdt. 7] GOR 14— Excepted Services CERTAIN ADVERTISING CHARGES Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended. Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 P. R. 738), this Amendment 7 to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 7 to General Over¬ riding Regulation 14 exempts from ceil¬ ing price regulation the advertising charges made for car cards, station posters and advertising displays used in transportation facilities. This exemp¬ tion of this limited portion of the gen¬ eral advertising field is consistent with previous action taken by the Congress and the Office of Price Stabilization in exempting from ceiling price regulation certain services. Section 402 (e) (iii) of the Defense Production Act of 1950, as amended, exempted from ceiling price regulation the rates, including the ad¬ vertising rates, charged by any person in the business of operating or publish¬ ing a newspaper, periodical, or magazine, or operating a radio broadcasting or television station, a motion picture or other theater enterprise, or outdoor ad¬ vertising facilities. In addition, section 3 (a) (69) of General Overriding Regu¬ lation 14 exempts from ceiling price regulation the charges for services per¬ formed by advertising agencies. This exemption is therefore appropriate for reasons stated in the Statements of Considerations which accompanied both General Overriding Regulation 14 and Amendment 2 thereto. This amendment to General Overrid¬ ing Regulation 14, as amended, was pre¬ pared after informal consultation with industry representatives and, due con¬ sideration was given to their recom¬ mendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respect: Paragraph (a) of section 3 is amended by adding at the end thereof the follow¬ ing: (97) Advertising charges made for car cards, station posters and advertising displays used in transportation facili¬ ties. (Sec. 704, 64 Stat. 816, as amended: 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 7 to General Overriding Regulation 14 shall become effective January 22, 1952. Michael V. DiSalle, Director of Price Stabilization. January 17, 1952. ( - : ■ ('■ " ■ ■ - ■ ' • ■'< . I «-* ■ ' • • •' .if ‘ii> ■ ■ • •• •• •• • • • •' * •< > ■ • ■■ V FILE following 85 Serv 61:15 (2-6-52) 85 Serv 61:17 Certain Non-Profit General Overriding Regulation 14 Summer Camps Amendment 8 FEB. 6, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [ General Overriding Regulation 14, Amdt. 8] GOR 14—Excepted Services CERTAIN NON-PROFIT SUMMER CAMPS Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 (15 F. R. 6105), and Eco¬ nomic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amend¬ ment 8 to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment exempts from ceiling price regulation the charges for services and commodities incidental thereto, made by non-profit summer camps whose total charges do not exceed $30 per week per camper. Non-profit summer camps for chil¬ dren are generally partially dependent upon endowment or contributed funds. Payments made by or on behalf of the campers normally represent cost or less than the cost of maintaining the camper. Unless these non-profit summer camps are permitted to reflect cost increases in their charges to some extent, many of them will have to either limit the num¬ ber of campers or discontinue their camping services. This might deprive needy and underprivileged children of the benefits obtained through summer camping. In addition most of the camps in the exempted group have here¬ tofore charged from $15 to $25 per week per camper and, as in the case of the Boy Scouts and the Girl Scouts, carry on their summer camp activities as an im¬ portant part of their year round activi¬ ties. It is believed that this limited exemption will permit the continuance of efficient service and that it is also consistent with standards set forth in other exemptions. This amendment to General Overrid¬ ing Regulation 14, as amended, was pre¬ pared after consultation with industry representatives and due consideration was given to their recommendations AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respect: Paragraph (a) of section 3 is amended by adding at the end thereof the follow¬ ing: (98) Charges, for services and com¬ modities incidental thereto, made by non-profit summer camps whose total charges do not exceed $30 per week per camper. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2154) Effective date. This amendment 8 to General Overriding Regulation 14 shall be effective February 11, 1952. Edward J. Phelps, Jr., Acting Director of Price Stabilization. February 6, 1952. FILE following 85 Serv 61:17 (3-26-52) 85 Serv 61:19 Terminal, Dock or Warehousing Services of Government or Governmental Agency OFFICE OF PRICE STABILIZATION WASHINGTON General Overriding Regulation 14 Amendment 9 MARCH 26, 1952 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [ General Overriding Regulation 14. Azndt. 9 ] GOR 14 —Excepted Services TERMINAL, DOCK OR WAREHOUSING SERVICES OF GOVERNMENT OR GOVERNMENTAL AGENCY Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended. Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 9 to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment exempts from ceiling price regulation the charges for services supplied directly by Federal, State or local Government, or any agency of such government, in operation of terminal, dock, or warehousing facilities. Amendment 2 to GOR 14, effective September 19, 1951, included a new pro¬ vision, stated in section 3 (a) (89), which had the effect of exempting “govern¬ mental” services generally, but terminal, dock and warehousing services were spe¬ cifically excluded from that exemption, and hence remained subject to ceiling price control. On further consideration the Director is of the opinion that the rationale sup¬ porting the exemption of “governmen¬ tal” services generally should be applied to terminal, dock and warehousing serv¬ ices supplied directly by government authorities or agencies thereof. The services here involved have as their basic purpose the stimulation of commerce to or through the particular area or locality in question for the benefit of the gen¬ eral public. Hence, the charging of un¬ reasonable or oppressive rates would defeat the very purposes for which the operations are instituted. For these reasons, the Director is of the opinion that the governmental bodies which op¬ erate such facilities will guard against any abuse in the matter of charges made for the services, and therefore such terminal, dock and warehouse operations should be included in the general ex¬ emption of “governmental” services as covered in section 3 (a) (89) referred to above. Prior to the issuance of this amend¬ ment the Director has consulted with representatives of governments and government agencies affected by this ac¬ tion. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respects: Subparagraph (89) of paragraph (a) of section 3 is amended by deleting the last full sentence thereof, the matter deleted reading as follows: “This ex¬ emption also does not apply to services supplied in connection with terminals, docks or warehousing facilities by any such government or governmental agency.” (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 9 to General Overriding Regulation 14 shall be effective March 26, 1952. Ellis Arnall, Director of Price Stabilization. March 26, 1952. ■ . ■ FILE following 85 Serv 61:19 (4-10-52) 85 Serv 61:21 Trailer Accommodations General Overriding Regulation 14 (Changing title; amending dec. 1; adding Sec. 4) OFFICE OF PRICE STABILIZATION Amendment 10 APRIL 10. 1053 WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Amdt. 10] GOR 14— Excepted and Suspended Services TRAILER ACCOMMODATIONS Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended, Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 10 to General Overriding Regulation 14 is hereby is¬ sued. STATEMENT OF CONSIDERATIONS 4 * . * This Amendment 10 to General Over¬ riding Regulation 14 suspends from ceil¬ ing price regulation charges made for trailer accommodations on which maxi¬ mum rents have been established by the Office of Rent Stabilization pursuant to the Housing and Rent Act of 1947, as amended. Under that statute the Office of Rent Stabilization regulates, under certain conditions, charges made for an; housing accomodation in a motor court. any trailer, or ground rented as trailer space in defense rental areas. At the same time. Ceiling Price Regulation 34 regulates ceiling prices which may be charged for the use of space by trailers. It is necessary, therefore, in order to avoid dual control by these two govern¬ ment agencies in this limited field that the regulation of trailer space by the Of¬ fice of Price Stabilization be limited to situations where there is no control ex¬ ercised by the Office of Rent Stabiliza¬ tion. Thus, so long as maximum rents have been established for these facilities by the Office of Rent Stabilization, a suspension from OPS ceiling price regu¬ lation is provided. In view of the corrective nature of this amendment, special circumstances have rendered consultation with industry rep¬ resentatives, including trade association representatives, impracticable. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in thf following respects: 1. The title of the regulation ii amended to read as follows: GOR 14— Excepted and Suspended Services, as set forth above. 2. Section 1 is amepded to read as fol¬ lows: Section 1. What this regulation does. This regulation exempts or suspends from any ceiling price restrictions im¬ posed by the Office of Price Stabilization the rates, fees and charges for supplying the services enumerated. 3. A new section 4 is added to read as follows: Sec. 4. Suspensions, (a) The rates, fees and charges for the supply of the services listed below are suspended for the respective periods therefur listed be¬ low from the provisions of any ceiling price regulation now or hereafter issued by the Office of Price Stabilization: (1) Charges for trailer accommoda¬ tions as long as the maximum rents therefor shall be established or be sub¬ ject to regulation by the Office of Rent Stabilization under the Housing and Rent Act of 1947, as amended. 5 r i!-: : ' * . ; S* • (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 10 to General Overriding Regulation 14 shall become effective April 15. 1952. Ellis Arnal*., Director of Price Stabilization April 10, 1952. -'' ' ■ FILE following 85 Serv 61:21 (4-11-52) 85 Serv 61:23 Railroad Per Diem Mileage Allowance, Etc. (Addins Sec. 3(a)(99)) General Overriding Regulation 14 Amendment 11 APRIL 11. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [ General Overriding Regulation 14, Amdt. 11] GOR 14 —Excepted and Suspended Ses vices RAILROAD PER DIEM, MILEAGE ALLOWANCE AND PROTECTIVE SERVICES Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161, and Economic Stabilization Agency general Order No. 2, this Amend¬ ment 11 to General Overriding Regula¬ tion 14 is hereby issued. statement or considerations This amendment exempts from ceiling price regulation certain rates and charges made for the use of railroad cars and certain services incident thereto. The specific rates and charges are per diem payments, mileage allowances and charges for protective services incident to the use of certain special types of railroad cars. In the case of per diem payments, such payments have been developed through many years of trial and represent com¬ pensation to the car owner for the use of its equipment. A most important fea¬ ture of the per diem system is that it provides an incentive to accelerate car movements with a resultant maximum use of such equipment. In a similar manner, mileage allowance represents compensation to the car owner for the expenses of car ownership, including among other items, interest on the necessary investment, depreciations, in¬ surances, taxes, and repairs. Finally, the charges for protective services repre¬ sent an amount for preparing special types of railroad cars for use. Such services include, but are not limited to, refrigeration, icing, heating and ventila¬ tion and are usually rendered by the owners of the cars in order to utilize their special facilities and trained per¬ sonnel. In view of the nature of these services, the exemption of the rates and charges therefor will not have any significant ef¬ fect upon business costs, cost of living or the general level of prices, nor is this exemption likely to result in any diver¬ sion of scarce materials or manpower from more essential operations. The nature of the services mitigate against the likelihood of price abuses. Under the circumstances, continuation of con¬ trols of these services would involve ad¬ ministrative burdens out of proportion to the benefits to be gained thereby. In the formulation of this amendment, there has been consultation with indus¬ try representatives, including trade as¬ sociation representatives, and consider¬ ation has been given to their recommen¬ dations. In the judgment of the Director, the exemptions provided for by this amend¬ ment will not defeat or impair the price stabilization program or the objectives of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respects: Paragraph (a) of section 3 is amended by adding at the end thereof the follow¬ ing: (99) Per Diem, Mileage Allowance and Protective Services in conection with the use of railroad cars between railroads, and between railroads and private rail¬ road car owners, who are participants in and operate under the Car Service Rules and Per Diem Rules of the Code of the Association of American Railroads, oi are parties to and operate under the rules, regulations and charges of Mile¬ age Tariff No. 7-N, L. C. Schuldt, Agent, I. C. C. No. 3924, or as hereafter amend¬ ed or revised. (Sec. 704, 64 Stat. 815, as amended; 60 U. S. C. App. Sup. 2154) Effective date. This amendment 11 to General Overriding Regulation 14 shall become effective April 11,1952. Ellis Arnall, Director of Price Stabilization. April 11, 1952. FILE following 85 Serv 61:23 (4-15-52) 85 Serv 61:25 Exemption of Transportation and Spreading Charges on Agricultural Liming Materials (Adding Sec. 3(a)(100)) OFFICE General Overriding Regulation 14 Amendment 12 APRIL 16, 1952 OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Amdt. 121 GOR 14— Excepted and Suspended Services TRANSPORTATION AND SPREADING OF AGRI¬ CULTURAL LUZING MATERIAL Pusuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 12 to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to General Over¬ riding Regulation 14 exempts from price control the rates and charges for the transportation and spreading of agricul¬ tural liming materials. Agricultural liming materials, are, generally speak¬ ing, any materials that contain calcium alone or calcium and magnesium, in form and quantity sufficient to neutral¬ ize soil acidity, and which are sold for agricultural purposes. The term agri¬ cultural liming materials is well known among the users of these products and a more complete definition of the term is set forth in the Statement of Consider¬ ations which accompanies Ceiling Price Regulation 77. Agricultural liming materials are gen¬ erally sold on a delivered-to-farm or de- livered-and-spread basis. In some cases, the producer of liming materials makes delivery in his own trucks, while in other cases for-hire carriers are engaged. The producer usually establishes trucking and spreading rates on a geographical basis with a flat rate for hauling into a specified area, such as a county or town¬ ship. The rate for such a_ specified area is the same for all truckers who desire to provide the service. Trucking and spreading of agricultural liming materials is a local, seasonal op¬ eration performed mainly by small owner-operators. In very few cases does a carrier operate more than one truck. It is estimated that there are approxi¬ mately 8,000 of this type of trucker in the United States. Since many of these operators offer both a trucking and a spreading service any accurate allocation of costs is difficult, if not impossible, to obtain. During 1950, 29,000,000 tons of agricul¬ tural liming materials were produced in the United States. Of this total, 23,000,- 000 tons, or 80 percent, were purchased either directly or indirectly by the United States Department of Agriculture. The extent of the activity of the Department of Agriculture in the agricultural liming materials market will prevent any great fluctuations or undue increases in prices which might otherwise result from de¬ controlling the rates charged by these truckers and spreaders. This exemption applies only to the trucking and spreading services and does not apply to sales of the agricultural lim¬ ing materials themselves, on a delivered- to-farm or a delivered-and-spread basis. Such sales of the materials are subject to CPR 77. In the formulation of this amendment there has been consultation with indus¬ try representatives, including trade as¬ sociation representatives, to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14 is amended in the following respect: Paragraph (a) of section 3 is amended by adding at the end thereof the follow¬ ing: (100) Rates and charges made lor the transportation and spreading of agricultural liming materials. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 12 to General Overriding Regulation 14 shall become effective April 16, 1952. Ellis Arnall, Director of Price Stabilization. April 16, 1952. • ■ V t • . - i • • • r v-i • • ' •• •' : s . •• ' ■ . V\ „ # r •• . " • s ■ t • • • . ... . . . * 4 ■ ^ . •• 1 ) | ; * ■■ •: v . . .\n ' ■ if, ■ i . i . r ■«. . !■ ’ ►* * It U Sg -■ • * .. •> # • FILE following 85 Serv 61:25 (4-24-52) 85 Serv 61:27 Resale Book Match ^Advertising Charges (Adding Sec. 3(a)(101)) General Overriding Regulation 14 Amendment 13 APRIL 24, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | General Overriding Regulation 14, Amdt. 131 GOR 14— Excepted and Suspended Services RESALE BOOK MATCH ADVERTISING CHARGES Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.), as amended, Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 13 to General Overriding Regulation 14 is hereby is¬ sued. STATEMENT OF CONSIDERATIONS This Amendment 13 to General Over¬ riding Regulation 14, as amended, ex¬ empts from ceiling price regulation the sale of advertising on resale book match covers by match book manufacturers or distributors. Resale book matches are sold and distributed by match manufac- • urers through wholesalers or jobbers, "md ultimately to the consumer who usu¬ ally receives them without charge in con¬ nection with the sale of tobacco or to¬ bacco products. These resale book matches differ from special reproduction book matches which are specially de¬ signed as an advertising medium and are specially printed, manufactured and dis¬ tributed to serve the advertising purposes of the purchaser. Amendment 3 to General Overriding Regulation 8 exempted charges for ad¬ vertising space on special reproduction book matches from ceiling price regula¬ tion. Advertising charges for space on resale book matches were not included in that exemption because of the sale of the matches as a separate item apart from the sale of advertising space. This amendment to General Overriding Regu¬ lation 14, as amended, exempts only the rates and charges made by match book manufacturers or distributors for adver¬ tising space-on resale book match covers but does not affect the matches them¬ selves, which remain subject to Ceiling Price Regulation 22 or General Ceiling Price Regulation. This exemption covers a very limited portion of the general advertising field and is entirely consistent with previous action taken by the Congress and the Office of Price Stabilization in exempting advertising services from ceiling price regulation. Manufacturers of resale book matches who sell advertising space directly and distributors of these matches who purchase match books and then sell advertising space thereon, render services analogous to those per¬ formed in the publications and car card advertising fields. Section 402 (e) (iii) of the Defense Production Act of 1950, as amended, exempted from ceiling price regulation the rates, including the ad¬ vertising rates charged by any person in the business of operating or publishing a newspaper, periodical or magazine, or operating a radio broadcasting or televi¬ sion station, a motion picture or other theater enterprise, or outdoor advertis¬ ing facilities. In addition, section 3 (a) (69) of General Overriding Regulation 14, as amended, exempted the charges for services performed by advertising agen¬ cies, and section 3 (a) (97) of General Overriding Regulation 14, as amended, exempted advertising charges made for car cards, station posters and advertis¬ ing displays used in transportation facili¬ ties. This exemption is therefore appro¬ priate for reasons stated in the State¬ ments of Considerations which accom¬ panied both General Overriding Regula¬ tion 14 and Amendments 2 and 7 thereto. In the formulation of this amendment there has been consultation with indus¬ try representatives, including trade asso¬ ciation representatives, to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respect: Paragraph (a) of section 3 is amended by adding at the end thereof the follow¬ ing: (101) the sale by match book manu¬ facturers or distributors of advertising space on covers of resale book matches. (Sec. 704, 64 Stat. 816, as amended: 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 13 to General Overriding Regulation 14 shall become effective April 29, 1952. Ellis Arnall, Director of Price Stabilization. April 24, 1952. 0 A ■ FILE following 85 Serv 61:27 (5-9-52) 85 Serv 61:29 Refilling of Their Own Prescriptions by Optometrists (Amending Sec. 3(a)(96)) General Overriding Regulation 14 Amendment 14 MAY 9. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (General Overriding Regulation 14, Amdt. 14] GOR 14— Excepted and Suspended Services REFILLING OF THEIR OWN PRESCRIPTIONS BY OPTOMETRISTS Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.) as amended, Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 14 to General Overriding Regulation 14 is hereby is¬ sued. STATEMENT OF CONSIDERATIONS This Amendment 14 to General Over¬ riding Regulation 14 exempts from ceil¬ ing price regulation the charges made by optometrists for refilling their own pre¬ scriptions. Amendment 6 to General Overriding Regulation 14, effective January 17, 1952, contained a provision, section 3 ■ • • ■; • * • - {- - i\ » • *■ ’ • . • • ■ * . ‘ ' . ■ • v • > - * • ■' - ■ •• FILE following 85 Serv 61:29 (6-13-52) 85 Serv 61:31 Making and Supplying Abstracts of Title to Real Property OFFICE OF PRICE STABILIZATION WASHINGTON General Overriding Regulation 14 Amendment 15 JUNE 9. 1952 TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | General Overriding Regulation 14. Amdt. 151 GOR 14— Excepted and Suspended Services MAKING AND SUPPLYING ABSTRACTS OF TITLE TO REAL PROPERTY Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.) as amended. Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 P. R. 738), this Amendment 15 to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment removes from price control fees and charges for making and supplying abstracts of title to real property. By a prior amendment to General Overriding Regulation 14. other services in connection with real property trans¬ fers rendered by real estate brokers, agents, appraisers and mortgage brokers have been exempted from price control. The nature of the service of making and supplying abstracts of title to real prop¬ erty is closely allied to those services already exempted. It is estimated that the average per¬ son requires a title abstract once during his lifetime. Furthermore, the Director has been advised that on the average there are one to five persons in each county engaged in the business of sup¬ plying abstracts of title to real property. Further, their charges, in many in¬ stances, are subject to state control. In view of the non-recurrent need for this service by purchasers and the compar¬ atively small number of sellers, it is expected that this exemption will have little, if any, effect upon the cost of living. The administrative burden of retaining control over such fees and charges is out of proportion to the ben¬ efits gained. This amendment was prepared after the Director of Price Stabilization had consulted with industry representatives, trade associations and individual title abstract companies and consideration has been given to their recommenda¬ tions. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respects: Paragraph (a) of section 3 is amended by adding at the end thereof the fol¬ lowing : (102) Pees and charges for making and supplying abstracts of title to real property. (Sec. 704. 64 Stat. 816, as amended. 50 U. S. C. App. Sup.2154) Effective date. This Amendment 15 to General Overriding Regulation 14 shall become effective June 9, 1952. Ellis Arnall, Director of Price Stabilization. June 9. 1952. A * ' * .i; ■ * 4 FILE following 85 Serv 61:31 (6-23-52) 85 Serv 61:33 Certain Textile Services (Adding Sec. 4(b)) General Overriding Regulation 14 Amendment 16 JUNE 23, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Amdt. 161 GOR 14 —Excepted and Suspended Services CERTAIN TEXTILE SERVICES Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 16 to General Overriding Regula¬ tion 14 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment adds to the list of services suspended from price control those services which are performed in the course of the manufacture or process¬ ing of any fiber, yarn or fabric as to which the applicable ceiling price regu¬ lation has been suspended, or which has been excepted from price control. Price controls over certain fibers, yarns and fabrics have been suspended because those commodities generally are selling at prices materially below ceilings and are not expected to reach ceilings in the foreseeable future. In general, a low lev¬ el of selling prices of commodities has a depressing effect on the charges for services connected with the manufacture or processing of these commodities. As long as the prices of these commodities do not rise to any significant degree, re¬ sistance against increased charges for the services will continue. And since it is not anticipated that the prices of the commodities will reach ceilings in the foreseeable future, it appears that mar¬ ket forces will operate to prevent appre¬ ciable increases in the service charges as well. This amendment also suspends from price control services performed in the manufacture and processing of Amer- ican-Egyptian Cotton. American Egyp¬ tian Cotton is not subject to price con¬ trol, having been excepted by section 14 (s) (5) of the General Ceiling Price Regulation. Inasmuch as controls are being suspended by this amendment as to services such as ginning, baling and wrapping on American Upland cotton, it is considered advisable to suspend price control on those services when they are performed upon American- Egyption cotton. In the judgment of the Director, con¬ trols over the services suspended by this amendment are not required at this time in order to carry out the purposes of the Defense Production Act of 1950, as amended. The Director may at any time terminate or modify this suspension if he determines that such action is neces¬ sary in the interest of the stabilization program. In any event, this suspension will be terminated as to a service when controls are re-activated as to the fiber, yarn or fabric on which the service is performed. All records which were required to be prepared and preserved under appli¬ cable ceiling price regulations in effect prior to this suspension must continue to be preserved. In the formulation of this amendment there has been consultation with indus¬ try representatives, including trade as¬ sociation representatives to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respect: 1. Section 4 is amended by adding paragraph (b), to read as follows: (b) The application of any ceiling price regulation, now or hereafter issued, to the services listed below, is suspended until further notice by the Director of Price Stabilization; provided, however, That persons who were required by any regulation heretofore issued to keep, prepare, or preserve any record concern¬ ing these services, shall continue to pre¬ serve and make available for examina¬ tion by the Office of Price Stabi’ization, in the manner and for the period set forth in said regulation, all such rec¬ ords which they were required to have on June 21, 1952, or, in the case of serv¬ ices added to this section by subsequent amendment, which they were required to have on the effective date of any such amendment. (1) All services performed in the man¬ ufacture or processing of any fiber, yarn, or fabric as to which the applicable ceil¬ ing price regulation has been suspended or which have been excepted from price control. Such services include ginning, baling, wrapping, throwing, commission weaving, commission warping and slash¬ ing, wool scouring, top making, spinning, burling and mending, garnetting, carbo¬ nizing, winding, dyeing, finishing, bleaching, scouring, napping, printing, mercerizing, singeing, shrinking, felting, shearing, water-proofing, gas-proofing, saponifying, embossing, moireing. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment to General Overriding Regulation 14 shall become effective June 23, 1952. Ellis Arnall, Director of Price Stabilization. June 23, 1952. k ' . - <■ ■ '■ ; t ;• • .-t -ft 10 (i V. W . ' - i • - ' 1 . .V . ,tiJ , . £ w . . • jp* f i r- ' " • ■ • 11 . SN ■ ■ • , • . FILE following 85 Serv 61:33 Armored Car Services (6-24-52) 85 Serv 61:35 General Overriding Regulation 14 Amendment 17 JUNE 24, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | General Overriding Regulation 14, Amendment 17) GOR 14 —Exempted and Suspended Services ARMORED CAR SERVICES Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilisation Agency General Order No. 2, this amendment to General Overriding Reg¬ ulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to General Overrid¬ ing Regulation 14 adds to the list of services exempted from ceiling price regulation the rates and charges of armored car companies for the trans¬ portation and guarding of money, secu¬ rities and other valuables. As stated in the statement of consid¬ erations accompanying General Over¬ riding Regulation 14. the services ex¬ empted by it are those which the Congress has exempted or those which have little or no significance upon the cost of living, or which cannot practi¬ cally be controlled. Armored car service is important to'banks and others han¬ dling large sums of money, securities and other easily disposable valuables. However, in terms of cost it is a rela¬ tively insignificant item to them and it has virtually no effect upon the general level of prices or upon the cost of living. Furthermore, the principal value of the armored car service is found not in the transportation as such, but in the pro¬ tective custody afforded during trans¬ portation. As a practical matter the purchaser of armored car service pays for the personal service of guards, the furnishing of which has already been exempted from price control by subpar¬ agraph (67) of section 3 (a) of GOR 14. Finally, this guard service and transpor¬ tation is so highly individualized that there are no readily definable classes of purchasers or patterns of rates or charges upon which to establish or ad¬ just ceiling prices. The administrative burden of attempting to maintain fair and equitable price control without such a pattern far outweighs the benefit to be derived from the maintenance of con¬ trol. Accordingly these services are added to the list of exempted services in GOR 14. Prior to the formulation of this amendment, consultation was had with industry representatives, including trade association representatives, and consid¬ eration has been given to their recom¬ mendations. It is the judgment of the Director that the exemption herein will not de¬ feat or impair the stabilization program or the objectives of the Defense Produc¬ tion Act of 1950, as amended. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended by adding at the end of paragraph (a) of section 3 a new subparagraph (103), as follows: (103) Transportation by armored motor vehicles of money, securities and valuable articles and guarding services Incident thereto. (Sec. 704, 64 Stat. 816, as amended: 50 U. 8. C. App. Sup. 2154) Effective date. This amendment 17 to General Overriding Regulation 14 shall become effective June 24.1952. Ellis Arnall, Director of Price Stabilization. June 24. 1952. > ., ' . 1 r ■ "Wo •,U '< ■ ' i‘.l : ' *'• 'V - • i : , ' y A ■ J<* •' '5 f ** . .» N ■ • ’• ' - -v • >’i ; ■ -\ r ;> ■:> •: * ;'-!4 f.J « n 1 fi t ■ - :• ■? ' UM »> OptSvl.t ' ' -- . 7 ■ •>*,: t : - .... I'.. ■ 1 ’ \ v V '. ita«} <« bs. ' t -j - - — ■P ; , ..... ’i * r ' ' f FILE following 85 Serv 61:35 (7-21-52) 85 Serv 61:37 Miscellaneous Amendments (Amending Sec. 3(a)(68), (89), (99); adding 3(a)(104); and deleting 3(a)(46),and (65)) General Overriding Regulation 14 Amendment 18 JULY 21, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Arndt. 18J GOR 14 —Excepted and Suspended Services MISCELLANEOUS AMENDMENTS Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 18 to General Overriding Regula¬ tion 14 is hereby issued. STATEMENT- OF CONSIDERATIONS In the Defense Production Act Amend¬ ments of 1952 extending the Defense Production Act of 1950, Congress specifi¬ cally exempted sales of certain services from price control. Some of these serv¬ ices had previously been exempted from price control by this regulation, but its provisions require modification in some respects to comply with the Congres¬ sional action. Other services had not previously been exempted and are now added to the exemptions under this regulation. Congress exempted sales of commodi¬ ties and services by State and local gov¬ ernments and their agencies, and this exemption is now contained in General Overriding Regulation 11, Revision 2. Accordingly, subparagraphs (46) and (65) of section 3 (a) have been deleted because they are now incorporated in GOR 11, Revision 2, and subparagraph (89). has been amended to refer to the exemption now available under that regulation. The Congress made certain changes in section 402 (e) (v) of the Defense Pro¬ duction Act, which originally exempted from price control only the rates of com¬ mon carriers and other public utilities. The Congress has now added to the ex¬ emption rates charged by all persons subject to the Shipping Act of 1916. The Shipping Act, as amended princi¬ pally by the Transportation Act of 1940, gives the Federal Maritime Board broad rate regulatory authority over common carriers by water in foreign commerce, in commerce between the United States and its territories and possessions, and in commerce within the territories. It also gives the Board authority to prevent those persons rendering terminal services in connection with such common car¬ riers by water or in connection with common carriers by water in interstate commerce from employing unreasonable or discriminatory business practices. Common carriers by water subject to the Shipping Act have been exempt from price control -by virtue of the original exemption of common carriers contained in section 402 (e) (v) of the Defense Production Act. Therefore they are not included in this amendment. The Con¬ gress has now exempted the rates of those persons subject to the Shipping Act rendering terminal services in con¬ nection with such carriers. This ex¬ emption is now added to GOR 14. The exemption defines the persons it covers in terms substantially the same as the terms used in section 1 of the Shipping Act itself. These terms are as precise as feasible for language designed to em¬ brace a broad group of businesses. Furthermore, there are several decisions of the United States Maritime Commis¬ sion, now the Federal Maritime Board, and the Supreme Court of the United States which interpret these terms and thus provide a reasonable touchstone for making decisions as to the applicability of the exemption to a particular seller. The Congress also amended section 402 (e) (v) of the Defense Production Act to exempt certain charges made or paid by common carriers for services which are not themselves common car¬ riage, but which are interwoven with and incidental to common carriage. The charges made by common carriers which are exempt are those for the use of transportation equipment, for the use of washroom and toilet facilities in ter¬ minals and stations, for the use of park¬ ing facilities operated in connection with common carrier operations, and for the repair of transportation equip¬ ment. The charges paid by common car¬ riers which are exempt are those for the performance of part of their transporta¬ tion service rendered to the public, in¬ cluding pick-up and delivery and local transfer services and the use of equip¬ ment owned by others than common car¬ riers, and charges for protective service against heat or cold to property trans¬ ported. These new statutory exemp¬ tions are added. This action also adds to GOR 14 the new statutory exemption relative to prices charged by bowling alleys for a game of bowling. In view of the nature of this action, special circumstances have made con¬ sultation with industry representatives, including trade association representa¬ tives, impracticable. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol-, lowing respects: 1. Subparagraph (46) of paragraph (a) of section 3 is deleted. 2. Subparagraph (65) of paragraph (a) of section 3 is deleted. 3. Subparagraph (68) of paragraph (a) of section 3 is amended to read as follows: (68) Charges made by a common car¬ rier for the repair of cars or other trans¬ portation equipment; charges for rail-, road car repair services performed by a railroad car owner who is a party to the freight and passenger car interchange rules agreement of the Association of American Railroads in effect at the time of performance, when the charges for such services (including the furnishing of repair parts incidental thereto) are prescribed by the Code of Rules of the Association of American Railroads gov¬ erning the condition of, and repairs to, freight and passenger cars for the inter¬ change of traffic. 4. Subparagraph (89) of paragraph (a) of section 3 is amended to read as follows: (89) Services supplied directly by the United States, the States, Territories and possessions of the United States, their political subdivisions and munici¬ palities, the District of Columbia, and any agency of the foregoing, to the ex¬ tent that such services are exempted by,. General Overriding Regulation 11. 5. Subparagraph (99) of paragraph (a) of section 3 is amended to read as follows: (99) Charges made by a common car¬ rier for the use by others of its cars or other transportation equipment; charges paid by a common carrier for the use of cars or other transportation equipment owned by a person other than a common carrier; charges paid by a common car¬ rier to others for protective service against heat or cold to property trans¬ ported or to be transported, charges for per diem, mileage allowance and protective services in connection with the use of railroad cars between railroads, and between railroads and private rail¬ road car owners, who are participants in and operate under the car service rules and per diem rules of the Code of the Association of American Railroads, or are parties to and operate under the rules, regulations and charges of Mile¬ age Tariff No. 7-N, L. C. Schuldt, Agent, I. C. C. No. 3924, or as hereafter amended or revised. 6. Paragraph (a) of section 3 is amended by adding at the end thereof the following subparagraphs: (104) Rates charged by any person subject to the Shipping Act of 1916, Pub¬ lic Law 260, Sixty-fourth Congress, as ^mended, with respect to his business of furnishing forwarding, wharfage, dock, warehouse or other terminal facilities in connection with a common carrier by 85 Serv 61:38 water as the term “common carrier by water" is 1 defined in section 1 of that act. (105) Charges made by a common carrier for (i) the use of washroom and toilet facilities operated directly by it in its terminals and stations; (ii) the use of parking facilities operated directly by it in connection with its common carrier operations. (106) Charges paid by a common car¬ rier to others for (i) the performance of a part of its transportation services to the public; (ii) pickup and delivery and local transfer services. (107) Prices charged for the game of bowling. This exemption does not ex¬ tend to the supply of any other service or the sale of any commodity by the operator of a bowling alley. (Sec. 704, 64 Stat. 816. as amended; 60 U. S. C. App. Sup. 2154) Effective date. This Amendment 18 to General Overriding Regulation 14 is effective July 21, 1952. Ellis Arnall, Director of Price Stabilization. July 21, 1952. FILE following 85 Serv 61:37 (7-21-52) 85 Serv 61:39 Additional Excepted Services (Adding Sec. 3(a)(108) and (109) General Overriding Regulation 14 Amendment 19 JULY 21. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Amdt. 19] GOR 14— Excepted Services ADDITIONAL EXCEPTED SERVICES Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161 (15.F. R. 6105), and Eco¬ nomic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amend¬ ment 19 to General Overriding Regu¬ lation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 19 to General Over¬ riding Regulation 14 extends the list of exemptions contained in that regulation to include fees of corporate directors and charges for admission to exhibits and various entertainment activities presented by certain non-profit organ¬ izations. After consultation with other govern¬ ment agencies it has been determined that the fees charged by corporate direc¬ tors for their services as representatives of the corporation, including attendance at meetings and participation in board of directors’ meetings, may possibly be subject to the jurisdiction of the Office of Price Stabilization. However, in line with the policy of OPS to exempt serv¬ ices which have minor significance and slight effect upon the cost of living and services which cannot practicably be controlled, it is -considered advisable to exempt fees charged by corporate direc¬ tors acting in their capacity as directors of the corporation. Also exempted are rates, fees and charges for admission to various cul¬ tural, educational, agricultural and in¬ dustrial exhibits such as museums, his¬ torical restorations, etc., when operated solely and exclusively by a non-profit organization. The exemption also in¬ cludes admission charges for special events of relatively short duration con¬ ducted exclusively by such non-profit organizations. Such special events in¬ clude bazaars, carnivals, sports and en¬ tertainment activities when the special events conducted by the non-profit or¬ ganization do not occur more than 30 days in> any one calendar year. Gen¬ erally, these special events are one or two day affairs and rarely do they con¬ tinue more than two weeks. The exemption, however, is limited to services rendered directly by non-profit organizations where no part of the re¬ ceipts inures to the benefit of any private shareholder, and does not extend to serv¬ ices rendered on behalf of these non¬ profit organizations by persons supplying such services in a private capacity, such as subcontractors, lessors, lessees, li¬ censors, licensees, concessionaires or pro¬ moters. The exemption does not apply to sales of services incidental to or related to sales of commodities subject to OPS regulation, even though such services are rendered directly by a non-profit organ¬ ization. The limited applicability of these amendments and the varied and wide¬ spread nature of the services rendered has made formal consultation with in¬ dustry representatives impracticable. However, informal conferences have been held with representatives of organ¬ izations affected by this regulation, and consideration has been given to their proposals and recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respects: Paragraph (a) of section 3 is amended by adding at the end thereof the follow¬ ing: (108) Compensations paid to corpo¬ rate directors acting in their capacity solely as directors of the corporation when such compensation is not subject to regulation by the Salary Stabilization Board. This exemption, therefore, does not extend to such matters as compensa¬ tion paid corporate directors acting as employees of a corporation or in any capacity other than as director of a corporation. (109) Admission charges to cultural, educational, agricultural and industrial exhibitions when operated directly by a non-profit organization where no part of the receipts inures to the benefit of any private shareholders or similar bene¬ ficiaries; or to bazaars, carnivals and other occasional or special entertain¬ ment or sport events conducted directly by such non-profit organization when such events do not occur for more than 30 days in any one calendar year. This exemption does not extend to the rates, fees, or charges for services which are incidental or related to or connected with the sale of any commodity subject to ceiling price regulation by any such non¬ profit organization, or to the rates, fees and charges of sub-contractors, lessors, lessees, licensors, licensees, concession¬ aires, promoters or other persons supply¬ ing services related to such exhibitions or special events conducted by any such non-profit organizations. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 19 to General Overriding Regulation 14 shall be effective July 21, 1952. Ellis Arnall, Director of Price Stabilization. July 21, 1952. * ! ■ ‘ •*. . •. ■ /■ ■*?*' ' • >1‘(, . I ... :•» .-*■ ■ . jwi -it jf »trer^ -b • ■ i{' XrtOO .0 ' Ob. . b ' . • t. • ■ ' t * v r.v • • -ni m . ■ ' ■ -■ ft 'VI J - • ' 7 . :: iV ■ ••• '» - 4 .. , ■ t . • • .> . it ■ ' i* .*a* -t - . i “br . • -.0 '••til W i**£ * r ' . . . 0 1 ' FILE following 85 Serv 61:39 (8-1-52) 85 Serv 61:41 Handling and Storage of Cotton (Adding sub-paragraph 4(b)(2) OFFICE General Overriding Regulation 14 Amendment 20 JULY 30,1962 OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter Ill-Office of Price Stabiliza¬ tion, Economic Stabilization Agency (General Overriding Regulation 14, Arndt. 30 j GOR 14— Excepted and Suspended Services HANDLING AND STORAGE OF COTTON Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this amend¬ ment to General Overriding Regulation 14, is hereby issued. STATEMENT OF CONSIDERATIONS This amendment adds to the list of services suspended from price control those services involved in the handling and storage of raw cotton. The reasons for taking this action are (1) the large percentage of operators rendering such services who are pres¬ ently under control either by other fed¬ eral or state agencies and (2) the small use of total capacity of such facilities with a consequent self - controlling influ¬ ence. On the basis of information pre¬ sented to this office, it was found that the rates for approximately 75 percent of the total storage capacity for raw cot¬ ton are presently being controlled by the United States Department of Agricul¬ ture under the authority granted by the United States Warehouse Act, as amend¬ ed, or by state regulatory commissions upon whom devolves the duty to keep storage and handling rates at a reason¬ able level. Secondly, during the storage year 1951-52, it was found that less than 35 percent of the total storage capacity for cotton was utilized at any one time, which fact is significant inasmuch as the cotton crop for that period was the third largest on record. This latter circum¬ stance has had a restraining effect upon, increases in such rates and, moreover, no change in this situation is contem¬ plated in the near future. In the judgment of the Director, the continuance of controls over the services suspended by this amendment are not required at this time in order to carry out the purposes of the Defense Produc¬ tion Act of 1950, as amended. Should sudden unwarranted increases result from this relaxation of control, this sus¬ pension may be terminated or modified at any time. Further, if controls are re¬ activated on raw cotton, this suspension will be automatically terminated. In the formulation of this amendment the convening of a formal Industry Ad¬ visory Committee was deemed impracti¬ cable. However, there has been consul¬ tation with industry representatives in¬ cluding trade association representatives to the extent practicable, and considera¬ tion has been given to their recom¬ mendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended by mining at the end of paragraph (b) of section 4 a new sub-paragraph (2), as follows: (2) The handling and storage of raw cotton and other warehousing services incident thereto, so long as price con¬ trols over raw cotton are in suspension. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 20 to General Overriding Regulation 14 shall become effective July 30, 1952. Ellis Aknall, Director of Price Stabilization. JULY 30, 1952. .* 'ey- ' : ... .„•* v> !. !'•’ - ■ , J -* si • . • V •' j- &;■: . . 0" • - * ■ : l-v- •' ■ : i v‘. . ; •! ■ ; 'U • ;> : . ' ( . - ' - ’ ’ ' •• ■ • *• -i- < • ■ • V * er-i ' •••••• <> * •••• - . ; : 'V ;.va • •' • ■» " \r* >v- • .: . , »«t -i.T * ' • l - ' YlW. if.-- • ■' _ • j 1 <• ' ' . ; . 'A .. . •• •> • • ■ .v . . -3fl •• *• •• \-j‘ " ‘ . 4 ■ ' ...j 1 V " ' ' • *’ • >' * • . . FILE following 85 Serv 61:41 (9-15-52) 85 Serv 61:43 Suspension of Renovating General Overriding Regulation 14 and Repairing Bedding Amendment 21 AUO. 29.1952 (Adding sec. 4(b)(3)) OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—-Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Arndt. 21 ] GOR 14—Excepted and Suspended Services SUSPENSION OP RENOVATING AND REPAIRING BEDDING Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 21 to General Overriding Regula¬ tion 14, is hereby issued. STATEMENT OP CONSIDERATIONS This amendment adds to the list of services suspended from controls those services involved in the renovating and repairing of upholstered dual purpose sleeping equipment such as sofa beds and studio couches, metal beds, bedding, and bed pillows. By Amendment 3 to General Overrid¬ ing Regulation 5, which is being issued simultaneously with this amendment, controls on the side of the foregoing commodities are suspended because their selling prices are substantially below ceilings and are not expected to reach ceilings in the foreseeable future. The reasons for that suspension action are more fully stated In the Statement of Considerations of Amendment 3 to GOR 5. The service charges for renovating and repairing these products are generally also below ceilings. In general, a low level of selling prices of commodities has a depressing effect on the charges for services connected with the manufacture or processing of these commodities. As long as the prices of these commodities do not rise to any significant degree, resistance against increased charges for the services will continue. And since it is not anticipated that the prices of the commodities will reach ceilings in the foreseeable future, it appears that mar¬ ket forces will operate to prevent appre¬ ciable increases in the service charges as well. Cleaning services, such as dry cleaning and laundering, are supplied by an inde¬ pendent industry from the one affected by this amendment and remain subject to price control. In the judgment of the Director, the continuance of controls over the services suspended by this amendment is not re¬ quired at this time in order to carry out the purposes of the Defense Production Act of 1950, as amended. Should sud¬ den unwarranted increases result from this relaxation of control, this suspen¬ sion may be terminated or modified at any time. In any event the Director of Price Stabilization will terminate this suspension if controls are reactivated over bedding. In view of the nature of this action, special circumstances have made consul¬ tation with Industry representatives, in¬ cluding trade association representa¬ tives, impracticable. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is amended by adding a new subparagraph (3) to paragraph (b) of section 4, to read as follows: (3) Renovating and repairing erf the following commodities: Upholstered dual purpose sleeping equip¬ ment. All upholstered dual purpose sleep¬ ing equipment. Including upholstered sofa- beds, single and double studio couches, and. If they open Into beds, love seats, chain, and davenports. Metal beds. Individual metal beds. Bedding. Mattresses, Including rubber mattresses, bed springs, box springs, mat¬ tress pads, headboards, cots, wood and metal. Including bunks. Bed pillows. All bed pillows. The foregoing services do not include mere cleaning, such as dry cleaning and laundering. (Sec. 704, 04 8tat. 816, as amended; BO U. 8. O. App. Sup. 2164) Effective date. This amendment is ef¬ fective August 29, 1952, Ellis Arnall, Director of Price Stabilization. August 29, 1952. . .. (9-4-52) 85 Serv 61:43 FILE following 85 Serv 61:41 Additional Exemptions (Amending sec. 12) General Overriding Regulation 5 Revision 1 Amendment 5 AUG. 29, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 5, Revision 1, Arndt. 5] GOR 5— Exemptions and Suspensions of Certain Consumer Durable Goods and •Related Commodities ADDITIONAL EXEMPTIONS Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this amend¬ ment to General Overriding Regulation 5, Revision 1 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment adds vitrified china- ware and hand-made table, kitchen and art glassware manufactured in the United States, its territories and posses¬ sions, to the commodities exempted from price control by Article II, General Over¬ riding Regulation 5, Revision 1. These commodities, although not in¬ significant, are, when used for house¬ hold purposes, minor luxury items for which there are available lower cost sub¬ stitutes in good supply. Annual sales of each are less than 45 million dollars. Over the past several years both com¬ modities have tended to lose their market and suffer a decline in sales volume; in one case to» machine-made glassware and in the other to semi-vitreous and plastic dinnerware. Sales of hand-made glass¬ ware in 1950, for example, were 17 per¬ cent lower than sales in 1948, which may be contrasted with an increase of 13 percent in sales of machine-made glass¬ ware. There is little likelihood that exemp¬ tion would result in any significant changes in the price levels of these com¬ modities. Further, these items are not significant in business costs, the cost of living, or the defense program. Exemp¬ tion would not cause any diversion of manpower or materials from other uses, especially in view of the declining trends of production, increased inventories, and less expensive competitive products. Furthermore, the administrative burdens outweigh the benefits to the stabilization program from maintaining controls on these items. In the opinion of the Director, the pro¬ visions of this amendment are generally fair and equitable, are necessary to ef¬ fectuate the purposes of Title IV of the Defense Production Act of 1950, as amended, and comply with all the appli¬ cable requirements of that act. In view of the nature of this amendment the Director has not found it necessary or practicable to consult formally with in¬ dustry representatives. In the formula¬ tion of this amendment, however, there has been consultation with industry rep¬ resentatives, including trade association representatives and consideration has been given to their recommendations. AMENDATORY PROVISIONS Section 12 of General Overriding Reg¬ ulation 5, Revision 1, is amended by add¬ ing the following unnumbered para¬ graphs : Vitrified chinaware manufactured In the United States, its Territories and Possessions. Hand-made table, kitchen and art glass¬ ware and hand-made blanks for such glass¬ ware, manufactured in the United States, its Territories and Possessions. Glassware and blanks are ‘‘hand-made” if they are gathered from a furnace by hand and mouth- blown or hand-pressed. (Sec. 704, 64 Stat. 816, as amended, 50 U. S. C. App. SUp. 2154) Effective date. This Amendment 5 to GOR 5, Revision 1, is effective August 29, 1952. Ellis Arnall, Director of Price Stabilization. August 29, 1952. “ I .. •? . ... ■ * FILE following 85 Serv 61:43 (9-16-52) 85 Serv 61:45 Suspends Certain Tanning Services (Adding Sec. 4(b)(4)) General Overriding Regulation 14 Amendment 22 SEPT. 16. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Arndt. 22] GOR 14—Excepted and Suspended Services SUSPENDING CERTAIN TANNING SERVICES Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amendment 22 to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment adds to the list of services suspended from price control those services performed in the tanning, finishing or currying of leather, except such services performed in the ter¬ ritories and possessions of the United States. By Amendment 1 to Ceiling Price Reg¬ ulation 2, Revision 2, effective April 28, 1952, and Amendment 4 to General Overriding Regulation 4, Revision 1, effective June 23, 1952, all sales of im¬ ported and domestic hides and skins, and their cut parts suitable for making leather, and imported and domestic leather were suspended from price con¬ trol. except sales in the territories and possessions of the United States, and in the case of leather, sales at retail. As explained in detail in the statements of considerations for these two amend¬ ments, sales of these commodities were suspended because they are selling at prices materially below ceilings and are not expected to reach ceilings in the foreseeable future. A low level of selling prices of com¬ modities usually has a depressing effect on the charges for services connected with the processing of those commodi¬ ties. Many shoe manufacturers, other users of leather and some tanners from time to time have hides and skins or semi-processed leather owned by them tanned, finished or curried on contract by another. It is apparent that these manufacturers will engage in this prac¬ tice to a much lesser extent, or not at all, if leather processed to the desired stage can be purchased at a lower price than the cost of the raw material plus the processing service charge. Market forces will continue to hold these service charges in line and will prevent any ap¬ preciable increases. Accordingly, it is the judgment of the Director that as long as the prices of hides and skins and leather do not rise to any significant degree, charges for the processing of services suspended by this amendment will not increase appreciably. In the judgment of the Director con¬ trols over the services suspended by this amendment are not required at this time in order to carry out the purposes of the Defense Production Act of 1950, as amended. The Director may at any time terminate or modify this suspension if he determines that such action is neces¬ sary in the interest of the stabilization program. In any event this suspension will be terminated when the suspension of ceilings on hides and skins or leather is terminated. All records which were required to be prepared and preserved under applicable ceiling price regulations in effect prior to this suspension must continue to be preserved. In the formulation of this amendment there has been consultation with indus¬ try representatives, including trade asso¬ ciation representatives, to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS Section 4 of General Overriding Regu¬ lation 14, as amended, is further amended by adding the following subparagraph to paragraph (b) thereof: (4) All services performed in the tan¬ ning, finishing or currying of leather, except such services performed in the territories and possessions of the United States. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment to General Overriding Regulation 14 shall become effective September 16, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. September 16, 1952. E«-a -«> & :; • i :•» T>1 S Ji~ . ■-■bAv ?&>rv5t«2 :' i- ;• V.r . ■ . >foA v * . : .V . ‘ ■ : - 1 f t ' : ■» ..lit- . . . ■ -• •*: ? • -. .. sc sr?r. . ■i-.T.i • • •? - ’ ' £ ' . .. . ' : • :• • :• .V ■ - *. - : ' : ’ : .• .... . • . - . .v S . f .ao. :f-s - 1 : ru\- . y >r- - ■ i : v - - •■KcT^.Z--- ■ . z — . • 3 , -- z ? • . :• •" .. :• .. : ' t ;;- v l j . ' • . -■ v " ~S* - l ; A v. ■ a i. ■ s. rk^.Cv V ■ • i- ■ ■■■ : ■ - : A - - f\? . ... ... •« :;~*noC£ .'••T5 ... . i -• _ <-'■ ' v : t f; ■ '.. . ' io -.if FILE following 85 Serv 61:45 (9-17-52) 85 Serv 61:47 Theater Ticket Brokers General Overriding Regulation 14 (Amending Sec. 3(a)(94)) Amendment 23 SEPT. 17. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [ General Overriding Regulation 14. Amdt. 23] GOR 14 —Additional Excepted Services THEATER TICKET BROKERS Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 23 to General Overriding Regula¬ tion 14 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 23 to General Over¬ riding Regulation 14 amends section 3 (a) (94) of that regulation by extending the present exemption of the sale of theater tickets by governmentally li¬ censed and regulated theater ticket brokers to include sales of tickets to other events, including tickets to ath¬ letic and sporting events. The previous exemption for ticket brokers was limited to the sale of theater tickets partly be¬ cause the admission charges made by the theater enterprises themselves, were ex¬ empted from ceiling price regulation by the provisions of section 402 (e) (iii) of the Defense Production Act of 1950, as amended. On the other hand admis¬ sion charges to non-scholastic athletic and sporting events were and are still subject to ceiling price regulation. However, upon further examination of the operation of the theater ticket broker industry there appears to be good reason for extending the exemption to the fees charged by ticket brokers for the sale of the tickets to sporting events. Such service on the part of the theater ticket brokers is normally incidental to their larger activity of acting as broker for the sale of theater tickets. In the metropolitan areas where theater ticket brokers are licensed and regulated by the municipal or State government and the municipal or State government es¬ tablishes by law the maximum charge which the ticket broker may make for the resale of tickets there is generally no distinction made between the sale of theater tickets and the sale of tickets to sporting events. The maximum charge is usually the same whether the ticket be for a theatrical production or a sporting event. The service is likewise much the same, namely, that of securing tickets for members of the public who cannot purchase them at the box office. Moreover, the amount of income derived by ticket brokers for the sale of tickets to sporting events is small in relation to the burden of price control adminis¬ tration by the Federal government. For these reasons the present limited exemp¬ tion of ticket brokerage service is being extended to cover governmentally li¬ censed and regulated ticket broker serv¬ ices in all cases where the maximum re¬ tail charge or brokerage fee is estab¬ lished by law. In the formulation of this amendment there has been consultation with in¬ dustry representatives to the extent practicable and consideration has been given to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respect: Subparagraph (94) of paragraph (a) of section 3 is amended to read as follows: (94) Any ticket brokerage services rendered by theater ticket brokers li¬ censed by governmental authority to the extent that the maximum charges for such services are established under a statute or a municipal ordinance. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Supp. 2164) Effective date. This Amendment 23 to General Overriding Regulation 14, shall be effective September 17, 1952. Tighe E. Woods, Director of Price Stabilization September 17, 1952. . . FILE following 85 Serv 61:47 (10-6-52) 85 Serv 61:49 Exempts Inspection Fees and Charges (Adding Secs. 3(a) (110) and (111)) General Overriding Regulation 14 Amendment 24 OCT. 6, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (General Overriding Regulation 14, Arndt. 24] GOR 14 —Excepted Services EXEMPTS INSPECTION FEES AND CHARGES Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this amend¬ ment to General Overriding Regulation 14, is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 24 to General Over¬ riding Regulation 14, adds two cate¬ gories of inspection and testing services to the list of services removed from price stabilization regulations. The categories of inspection and test¬ ing services thus exempted are: (1) non¬ retail inspection and testing services rendered by non-profit associations, such as lumber grading and inspection serv¬ ices. safety testing of gas or electrical appliances and fire safety inspection services performed, and (2) inspection and testing services to meet governmen¬ tal health or safety requirements when such services are supplied by members of various service industries, for whom maximum rates and charges are estab¬ lished by state statute, municipal ordi¬ nance, or order of a governmental regu¬ latory body, including such services as motor vehicle inspections, warehouse in¬ spections of grain and other agricultural commodities. With respect to the inspection and testing services supplied by non-profit associations, such services, generally, are provided for the member of the associa¬ tion, and the charges for these services are only sufficient to cover the out-of- pocket expense of providing the services. In some instances, however, the service may be supplied to non-members of the association, but such instances are so infrequent that the exemption includes all inspection and testing services pro¬ vided by such non-profit associations. The Director has determined that the administrative burden of retaining con¬ trol in the broad field of inspection and testing services outweighs the advan¬ tages of such control. In the formulation of this amendment there has been consultation with indus¬ try’s representatives including trade as¬ sociation representatives to the extent practicable, and consideration has been given to their recommendations. In the judgment of the Director the provisions of this amendment are gen¬ erally fair and equitable and are proper in the administration of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respect: Paragraph (a) of section 3 is amended by adding at the end thereof the fol¬ lowing : (110) Non-retail inspection and test¬ ing service supplied by non-profit asso¬ ciations (including but not limited to such services as lumber grading and in¬ spection, safety testing of gas or electri¬ cal appliances and fire safety inspec¬ tions) . (111) Inspection and testing service in compliance with governmental health or safety requirements when maximum service charges are established by state statute, municipal ordinance, or rule or order of a governmental regulatory body (including but not limited to such serv¬ ices as motor vehicle inspection, inspec¬ tion and grading of grain and other agri¬ cultural commodities). (Sec. 702, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment 24 to General Overriding Regulation 14 shall become effective October 6, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. October 6, 1952. ■ r - ' 1 i L I ; - ‘ : ■ , - » , ,r . ■ - • ' ■ • . 4! ! ' ' ;•> V’ - ; « ‘ -t ■«# • : » (■} r.. •- ' ; . f •' ■ • '■ .? •: > ■ •v U- ■*:.< •' > o) i . < , v ■: ;■ . • ■ . ■ * 1 ; FILE following 85 Serv 61:49 (10-28-52) 85 Serv 61:51 Exemption of Fees By Non-Profit Clubs (Adding Sec. 3(a)(112)) General Overriding Regulation 14 Amendment 25 OCTOBER 28. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | General Overriding Regulation 14, Amdt. 25 ] GOR 14— Excepted and Suspended Services EXEMPTION or FEES BY NON-PROFIT CLUBS Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.) as amended, Executive Order 10161 (15 P. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 P. R. 738), this Amendment 25 to General Overriding Regulation is hereby issued. STATEMENT OF CONSIDERATIONS In accord with the policy of the Office of Price Stabilization to concentrate its efforts within the major areas materially affecting the cost of living, the average American family, business costs for the defense program, this Amendment ex¬ tends the coverage of GOR 14 to include all dues, fees, assessments and charges for services rendered by npn-proflt clubs. The services covered by this amendment do not enter significantly into the cost of living of the average American family, business costs or the. defense program and the continuance of control involves administrative difficulties for the Office of Price Stabilization and the suppliers concerned which are disproportionate in relationship in the value of such control to the price stabilization program. All charges made by non-profit social and athletic clubs except those rendered for a specific service have already been exempt from control by section 3 (a) (72) of General Overriding Regulation 14. Inasmuch as many of the charges of non-profit social and athletic clubs have already been exempt from price control administrative convenience makes it desirable to broaden the exemp¬ tion to cover the remaining services. Exemption from price control of these services will not affect the price stabili¬ zation program. Furthermore, many non-profit social and athletic clubs are luxury items which have no effect upon the cost of living of the average Amer¬ ican family. In the formulation of this amendment there has been consultation with in¬ dustry representatives, including trade associations, to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended is further amended in the fol¬ lowing respects: 1. Paragraph (a) of section 3 is amended by adding at the end thereof the following subparagraph. (112) All dues, fees, assessments and charges for services rendered, to members and their guests by non-profit clubs organized and operated for social and athletic purposes, no part of the earn¬ ings of which accrues to the benefit of any private shareholder. Included in this exemption among others are golf clubs, country clubs, and athletic clubs. Effective date. This Amendment 25 to General Overriding Regulation 14 shall be effective October 28, 1952. Joseph H. Freehill, Acting Director of Price Stabilization October 28, 1952. (,t' UK 3. ! grribi. A)' 1 ' V NVA5& AT, Kf -% =50 *» » ' :I ■■ fll . : n i #t ‘i t ,S- ' ' , ■ o •. no '.j « iJ4 i. ■>* jamoitam—a** irm • • > •v- - ' • *rfi • , ft' • ~- n ► v*> '• rr.1 Hit*.- •••• ... it;- ■' -stb h J .. Am / 4nT H » ' t« 'JO L-. / b*!frOCO rtloo to folia mO - : ;• to'. 1 Ai, 9 * J oal 1 • :• in'toJi ; < lot essifirto oA ylqq.fi Jon Ml tl «ft?.oq wnoqalb rtoWw asnUlosh* ic aotfttsao i y >. to l"fll >3niifn v> -two ,wnma «tt v Jtwnrjbtq •• : ' f- vtu t ,?£>ciu . h • i 1 - vJ MU tab i > . -M.it 9h 1 ' ' wJ "" 1 ■ r’lo^wr. qt-. ia * -* I.4H S ' " " 'Q\r ' ;A \jnigA noitoxitidot)^ dIhibmoj^ ,rtoil irs JbmA ,H aot}*iug9ft gmwrwrO l««u»OJ -yxsSS osawMaua «« oarssSJtS- t- .> >1 • -. ssosvxaS aarriSKMta j*HOttWfiA .exoi atMJHOAM tmxm.kuka asTAflx^o mo? to ;IV» 4039 . ,b*b • Bfi 0 ,C •»: ' toA ■; iSesilii •-■At oitnoaot) ' bni *: ■ •» v-. ; i VrAbtfWtO IffttaaO oi Tf. Jtrem! ? r* .fosueai ycbnsri at AI UoUjlUfS.wI Jr tc ■ j ' f ■’ . . , > FILE following 85 Serv 61:55 (12-9-52) 85 Serv 61:57 Installation, Repair and “Maintenance” of Bowling Alleys (Adding Sec. 3(a)(115)) OFFICE General Overriding Regulation 14 Amendment 28 DECEMBER 9, 1952 OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Amdt. 281 GOR 14 —Excepted Services INSTALLATION, REPAIR AND MAINTENANCE OF BOWLING ALLEYS Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 28 to General Overriding Regula¬ tion 9. is hereby issued. STATEMENT OF CONSIDERATIONS This action complements the amend¬ ment to General Overriding Regulation 9 (Exemptions of certain industrial ma¬ terials and manufactured goods), which exempts the sales and installation of bowling alleys by manufacturers and resellers of such commodities. The reasons set forth in the state¬ ment of considerations accompanying the amendment to GOR 9 are applicable to this amendment to GOR 14, and is accordingly incorporated herein by ref¬ erence as if it were a part hereof. AMENDATORY PROVISIONS General Overriding Regulation 14 is amended in the following respects: Paragraph (a) of sec. 3 is amended by adding a new subparagraph to read as follows: (115> Installation, maintenance, and repair of bowling alleys and bowling alley equipment and accessories. "Bowl¬ ing alley equipment and accessories” in¬ cludes, but is not limited to pin setters, ball lifts, ball return racks, gutters, bowler settees, bowling balls, etc. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2145) Effective date. This General Over¬ riding Regulation is effective December 9, 1952. Joseph H. Preehill, Acting Director of Price Stabilization. December 9, 1952. ' FILE following 85 Serv 61:57 (12-9-52) 85 Serv 61:59 Cuppage Rights General Overriding Regulation 14 (Adding Sec. 3(a)(ll6)) Amendment 29 DECEMBER 8, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | General Overriding Regulation 14, Arndt. 291 GOR 14—Excepted and Suspended Services CUPPAGE RIGHTS Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 29 exempts from ceiling price regulations the rates, fees and charges made by timber owners for the right to face, tap or cup standing trees for sap and gum. known in the trade as "cuppage rights”. Numerous commodities involved in the production of naval stores have already been removed from price control. These include the sale of crude pine gum. stumpage, and stumps. The situation thus presented is one in which the sale of the right to face, tap or cup standing trees remains under price control, al¬ though sales of stumps, the raw product, and the tree itself are no longer subject to ceiling price regulation. Those items representing the end products of naval stores operations, such as turpentine, rosin, tar, and pine oil which remain under price control are, at present mar¬ ket prices, well below ceiling so that exemption of auxiliary services in con¬ nection therewith will have little, if any, effect upon living costs, business costs, or the national defense effort. Approximately 5 percent of the trees faced each year for naval stores products are owned by the United States. Many of the Southern States also lease public lands for cuppage operations. This ex^- emption will permit various government agencies to accept bids for naval stores offerings on the basis of current costs and market prices. In the formulation of this amendment, there has been ex¬ tensive consultation with representatives of the Forest Service of the United States Department of Agriculture, the Depart¬ ment of the Interior, and other agencies, and consideration has been given to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respects: The following new subparagraph is added at the end of paragraph (a) of section 3: (116) Cuppage rights. Effective date. This Amendment 29 to General Overriding Regulation 14 shall become effective December 8, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. December 8, 1952. . . ' • -- . FILE following 85 Serv 61:59 (12-15-52) 85 Serv 61:61 Central Station Electric Protection System Services (Adding Sec. 3(a)(ll7)) OFFICE General Overriding Regulation 14 Amendment 30 DECEMBER 15, 1952 OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Amdt. 30] GOR 14— Excepted and Suspended Services CENTRAL STATION ELECTRIC PROTECTION SYSTEM SERVICES Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this amend¬ ment to General Overriding Regulation 14, is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 30 to General Over¬ riding Regulation 14 exempts from ceil¬ ing price regulation the service charges made by central station electric protec¬ tion systems. A central station electric protection system is one in which the op¬ erations of electrical protection circuits and devices are signalled automatically to, recorded in, maintained, and super¬ vised from a central station having trained operators and guards in attend¬ ance at all times. Section 3 (a) (67) of General Over¬ riding Regulation 14 exempts “watch¬ man and guard” services from price con¬ trol and is limited in applicability to the services of guards and watchmen who are physically present on the premises at all times during their tour of duty, or who regularly visit the premises on a tour of neighborhood duty. It was not orig¬ inally contemplated that the exemption include protection services rendered by means of electrical or mechanical warn¬ ing devices installed by and leased by companies whose representatives appear on the premises in response to any alarm given by the warning device. The present action now exempting these protective services is consistent with previous exemptions granted by the Office of Price Stabilization in General Overriding Regulation 14. These in¬ clude the exemption of rates, fees and charges of detective agencies by section 3 (a) (16) ; watchman and guard serv¬ ices by section 3 (a) (67) and armored car transportation services rates and charges by section 3 (a) (103). The types of protection services in¬ volved here are very similar to those of the ordinary watchman or guard. The essential difference is that central sta¬ tion systems depend mainly upon electri¬ cal signalling devices rather than physi¬ cal presence on the protected premises. The most common type of system now in use provides for the maintenance of a central station staffed with uniformed guards and other personnel on a twenty- four hour basis for the purpose of inves¬ tigating and responding to alarms and other danger signals. Several different types of services are supplied by these sellers, including bur¬ glar alarm, fire alarm, night watch, and sprinkler supervision, either by the use of automatic signalling devices or the supervision of regular guards employed by the buyer of the service. In addition, maintenance, installation, inspection, and related services are performed with respect to the electrical devices. As a practical matter, however, the purchaser of central station protection services pays for the potential personal service of guards and watchmen. Because of the nature of these services, ceiling price regulation is difficult. The expense of establishing and maintaining a central station requires that those sellers negotiate long-term contracts, usually for five year periods. Thus, only about one-fifth of the outstanding con¬ tract prices may be adjusted in any given year. Since labor represents approxi¬ mately 50 percent of total operating costs, fluctuations in this cost, which oc¬ cur constantly, require that these sellers have some degree of flexibility in order to adjust their operating ratios. Fur¬ ther, rates charged for these services are affected by diverse factors in each case, depending upon the type of service sup¬ plied, the value of the property protec¬ ted, and the degree of coverage. In view of these facts and the previous exemp¬ tions granted in the general field of pro¬ tective services, it is felt that the admin¬ istrative workload involved does not war¬ rant continued price regulation of this limited segment of the protective serv¬ ices field. In the formulation of this amendment there has been consultation with indus¬ try representatives, including trade asso¬ ciation representatives, to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respect: Paragraph (a) of section 3 is amended by adding at the end thereof the fol¬ lowing : (117) Fees, rates and charges for sup¬ plying central station electric protection system services. (Sec. 704, 64 Stat. 816, as amended: 50 U. S. C. App. Sup. 2154) Effective date. This amendment 30 to General Overriding Regulation 14 shall become effective December 15, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. December 15, 1952. . A ’ •} It' ' • • - . FILE following 85 Serv 61:61 (12-17-52) 85 Serv 61:63 Additional Excepted Services General Overriding Regulation 14 Amendment 31 DECEMBER 17. 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Ikonc mc Stabilization Agency [General t ,-rrlding Regulation 14, \mdt. 31] GOR 14 —Excepted and Suspended Services ADDITIONAL EXCEPTED SERVICES Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 31 to General Overriding Regula¬ tion 14 is hereby issued. STATEMENT OF CONSIDERATIONS In continuance of the policy of the Office of Price Stabilization to concen¬ trate its efforts within major areas affect¬ ing the cost of living, business costs, and the defense program, this amendment extends the coverage of General Over¬ riding Regulation 14 to exempt various services which do not exert a significant effect upon the cost of living of the average American family or business costs and the continued control of which involves administrative difficulties which are disproportionate in relationship to the value of such control to the stabili¬ zation program. Advertising agencies have already been decontrolled and the provisions of the Defense Production Act of 1950, as amended, preclude control over radio and television broadcasting. Agencies that sell radio and television time, while in a separate category, perform func¬ tions that are incident to those per¬ formed by both the advertising and broadcasting industries. It is therefore not advisable to continue control over this group of service suppliers while con¬ tiguous service suppliers at both ends of its operation are not under control. For similar reasons this amendment ex¬ empts from control the fees and charges of nursing homes and managers and agents of professional entertainers. Charges for services and commodities incidental thereto, made by non-profit summer camps, whose total charges do not exceed $30 per week per camper, have previously been exempted from price control. Experience and adminis¬ trative convenience dictate that the en¬ tire children’s camp industry be exempt from controls. It is not to be expected that this action will affect the average American family, because summer camps for children which charge more than $30 per week per camper are “luxury” services which do not exert a significant effect upon the average American family’s cost of living. The following additional luxury serv¬ ice items which have little effect upon the cost of living of the average Ameri¬ can family, are also exempted: travel agents and travel bureaus; cleaning and upkeep of non-commercial residential pools. Further, this amendment exempts from price control charges made for the rental of costumes, dress suits, uniforms, and ecclesiastical, academic and frater¬ nal order vestments. Sales of costumes, dress suits, uniforms, and ecclesiastical, academic and fraternal order vestments have already been decontrolled. These garments are rented by only a few per¬ sons for special and limited uses, often they are made to order and specification, repeat orders are rare, and the demand for them is highly inelastic. It is clear that they do not have a significant effect upon the cost of living or business costs. Changing economic conditions within the tallow and gluestock industries in¬ fluenced the exemption of the fees charged by Tenderers for the removal of dead stock and animals. For example, tallow and gluestock prices have fallen greatly, and the cost of furnishing the removal service now exceeds the value of the carcass. This aggravates the ad¬ ministrative difficulties attendant upon establishing a realistic ceiling price for the removal services. The exemption of this service will have no effect upon the cost of living nor on business costs, and its effect upon the farmer will be negli¬ gible because of its infrequent use. The fluctuations in the value of the carcass impose administrative burdens that ren¬ der control over the service inadvisable in view of the negligible effect upon the economy. Services rendered by better business bureaus, mercantile agencies, collection agencies and personal credit reporting and investigatory agencies are being de¬ controlled because they have only a minor effect upon business costs, and many phases of their operations have already been removed from control. The intangible nature of the commercial forecasting and investigating activities of these service suppliers makes con¬ tinued price control difficult, and imprac¬ tical in view of the concentration of this agency’s efforts within major areas af¬ fecting our economy. For similar rea¬ sons business consultants and traffic con¬ sultants are exempt from control. The exemption for pharmacists, regis¬ tered, is extended to include oral pre¬ scriptions that are promptly reduced to writing, and conforms with the Hum- phrey-Durham Bill, Public Law 215, 82d Congress, Chapter 578, 1st Session, H. R. 3298. In the formulation of this amendment there was consultation with industry representatives, including trade associa¬ tion representatives to the extent prac¬ ticable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended is further amended in the fol¬ lowing respects: 1. Subparagraph (47) of paragraph (a) of section 3 is amended to read as follows : (47) Pharmacists—registered, for fill¬ ing prescriptions which require the serv¬ ices of a registered pharmacist, and which contain a physician’s, dentist’s, veterinarian’s, or any other licensed practitioner’s written (oral, if prompt¬ ly reduced to writing) directions as to use, and is signed by him; provided, however, that where a registered phar¬ macist sells a product without transpos¬ ing the written directions from the pre¬ scription to the label, that is the sale of a commodity and is not exempt under this regulation. 2. Subparagraph 69 of paragraph (a) of section 3 is amended as follows: (69) Advertising agencies and those agencies that sell radio and television time. 3. Subparagraph (98) of paragraph (a) of section 3 is amended to read as follows: (98) Charges, for services and com¬ modities incidental thereto, made by summer camps for children. 4. The following new subparagraphs are added at the end of paragraph (a) of section 3: (118) Travel agents and travel bu¬ reaus. (119) Rental of costumes, dress suits, uniforms, and ecclesiastical, academic and fraternal order vestments. (120) Business consultants, traffic consultants. (121) Managers and agents of profes¬ sional entertainers. (122) Better business bureaus. (123) Collection agencies. (124) Mercantile credit agencies and personal credit reporting and investi¬ gatory agencies including but not limited to credit bureaus. (125) Cleaning and upkeep of non¬ commercial residential swimming pools. (126) Removal of dead stock and ani¬ mals by Tenderers. (127) Nursing Homes. (Sec. 704, 64 Stat. 816, as amended, 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 31 to General Overriding Regulation 14 shall become effective December 17, 1952. Joseph H. Freehill, Acting Director of Price Stabilization. December 17, 1952. ' * - * r • . ' .. v ■ A' FILE following 85 Serv 61:63 (12-19-52) 85 Serv 61:65 Miscellaneous Amendments (Amending Secs. 3(a) and 4(b); adding Sec. 3(b)) General Overriding Regulation 14 Amendment 32 DECEMBER 19, 1952 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | General Overriding Regulation 14, Arndt. 32] GOR 14—Excepted and Suspended Services MISCELLANEOUS AMENDMENTS Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161. and Economic Stabilization Agency General Order No. 2, this Amend¬ ment to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to General Over¬ riding Regulation 14 extends the list of exemptions contained in that regulation to include the rates, fees, and charges for services furnished by horseshoers and trade embalmers; to include royalties paid to landowners or their assignees in connection with the mining of iron ore; and to suspend from price control, until further notice, the rates, fees, and charges for bottling bulk wines and whiskeys. Prices charged for horseshoeing serv¬ ices are exempted because they have only an insignificant effect upon the cost of living and the administrative burden attendant upon the control outweighs its benefit to the price stabilization pro¬ gram. Prices for the services of trade em¬ balmers are exempted because their con¬ trol involves administrative difficulties for OPS, and for funeral directors, which, since prices for funeral services remain under control, and such an exemption will, therefore, not result in increased charges to the public, outweigh the ad¬ vantages of control. Trade embalmers are independent contractors who supply embalming services to funeral directors, but payment for their services generally approximate wages paid to employee- embalmers. When trade embalmers and employee-embalmers belong to the same union, the union generally suggests an increase in the prices paid to trade em¬ balmers commensurate with the increase in wages obtained by employee-embalm¬ ers. Any such increase, however, now requires OPS authorization. There are only about 200 trade embalmers in the United States; most are small service sellers; and their average income is about $5,000 per year. A large proportion of all iron ore pro¬ duced in the United States is mined from lands owned, in fee simple by the companies that mine the ore from them, or by companies affiliated with the min¬ ing companies, or by the States in which the lands are located. When the mining company itself owns the land on which it operates, no royal¬ ties, of course, are paid. When a com¬ pany affiliated with the mining company owns the land on which the mining com¬ pany operates, royalties paid are sub¬ stantially sim.lar to transfers between different divisions or units of the same corporation, and any increase in the amount of such royalty transfers would not affect the level cf royalty prices, or the ceiling prices for iron ore, or for the iron and steel products made from iron ore. Such royalties should, there¬ fore, be exempt from price stabilization. In the Defense Production Act Amend¬ ment of 1952 extending the Defense Production Act of 1950, Congress specifi¬ cally exempted from price control the rates, fees, and charges for materials or services supplied directly by the States or their agencies, and pursuant to this Amendment, General Overriding Regu¬ lation 11, Revision 2, exempts such ma¬ terials and services. Royalties paid to any State or its agencies, in connection with iron ore produced from lands it owns, are not now, therefore, subject to price control. Since so large a proportion of the iron ore mined is produced, without payment of royalties, from lands owned by the mining companies; or the royalties therefor are now exempt under General Overriding Regulation 11, Revision 2; or should be exempted as transactions be¬ tween affiliated companies, the burden of administering price controls over the remainder of such royalties, in view of the diversity and complexity of the roy¬ alty arrangements, outweighs the ad¬ vantages to be derived from such control. All royalties paid in connection with the mining of iron ore are, therefore, ex¬ empted by this amendment. This action will not affect the prices for iron ore sold by the producers or the prices for iron and steel products made from iron ore. General Overriding Regulation 7, Re¬ vision 1, as amended, suspends until further notice, the application of all ceiling price regulations, heretofore or hereafter issued, to sellers of wines and whiskeys, both bulk and packaged, for off-premises consumption. The reason for this action is that the prices for these commodities are substantially be¬ low ceilings and are not expected to rise above ceilings in the forseeable future. One of the reasons for the reduced price to the consumer is the large amounts of bulk wines and whiskeys being sold by wineries and distilleries to distributors who have it bottled under their own brand names for distribution through their own outlets. Competition among small distillers and wineries for this kind of business is so keen that there is little or no likelihood a suspension of the application of ceiling price regulations to the services of bottling bulk wines and whiskeys will result in an increased price for such services. The same considera¬ tions do not extend to the bottling of other distilled spirits. In the formulation of this amendment there has been consultation with indus- ry representatives, including trade asso¬ ciation representatives, to the extent practicable, and consideration has been given to their recommendations. In the judgment of the Director of Price Stabilization the provisions of this amendment are generally fair and equitable and are proper in the adminis¬ tration of Title IV of the Defense Pro¬ duction Act of 1950, as amended. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the following respects: 1. Paragraph (a) of section 3 is amended by adding at the end thereof the following: (128) Horseshoers. (129) Trade Embalmers. 2. A new paragraph (b) is added to section 3 to read as follows: (b) No ceiling price regulation now or hereafter issued by the Office of Price Stabilization shall apply to royalties paid to a landowner, or his assignee or sub¬ assignee, in connection with the mining of iron ore, or to the price paid for any assignment of such royalties, regardless of whether such royalties are considered as payment for iron ore as a commodity or as payment for the privilege of mining and removing iron ore. 3. Paragraph (b) of section 4 is amended by adding at the end thereof the following: (5) Bottling of bulk wines and whiskeys. (Sec. 704, 64 Stat. 816, as amended: 60 U. S. C. App. Sup. 2154) Effective date. This amendment is effective December 19, 1952. Joseph H. Freehill, Director of Price Stabilization. December 19, 1952. FILE following 85 Serv 61:65 (1-23-53) 85 Serv 61:67 Certain Sport Events (Adding Sec. 3(a)(130)) General Overriding Regulation 14 Amendment 33 JANUARY 23. 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | General Overriding Regulation 14, Amdt. 331 GOR 14— Excepted Services CERTAIN SPORT EVENTS Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Amendment 33 to General Overriding Regulation 14 is hereby issued. STATEMENT OP CONSIDERATIONS This amendment exempts from ceil¬ ing price regulation admission charges to certain special sport events if the seller presents such events for less than 14 days in any calendar year. This ex¬ emption covers only the occasional seller and is therefore limited to relatively few sport events. Admission charges for spectators to view special golf, tennis and swimming events are affected by this exemption if supplied by the occasional seller. The Director may from time to time enlarge the group of special sport¬ ing events. In the judgment of the Director, con¬ trols over admission charges to sport events exempted by this amendment are not required at this time in order to carry out the purposes of the Defense Production Act of 1950, as amended. Such services do not enter significantly into the cost of living of the average American family and are administra¬ tively impracticable and burdensome to both OPS and the service seller in rela¬ tion to the stabilization benefits obtained by continued regulation. In view of the technical nature of this amendment, special circumstances have rendered consultation with industry rep¬ resentatives including trade association representatives, impracticable. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended by adding at the end of paragraph (a) of section 3 a new subparagraph (130) as follows: (130) Admission charges to view golf, tennis or swimming events provided that the seller presents such events for less than 14 days in any calendar year. (Sec. 704, 64 Stat. 816. as amended, 50 U. S. C. App. Sup. 2154) Effective date. This amendment to General Overriding Regulation 14 shall become effective January 23, 1953. Joseph H. Freehill, Director of Price Stabilization. January 23, 1953. i ■ (fi t FILE following 85 Serv 61:67 (1-27-53) 85 Serv 61:69 Trailer Accommodations (Deleting Sec. 4(a)(1); adding Sec. 3(a)(131)) General Overriding Regulation 14 Amendment 34 JANUARY 27, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Amdt. 341 GOR 14 —Excepted and Suspended Services TRAILER ACCOMMODATIONS Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.) as amended, Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 34 to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment revokes subpara¬ graph (1) of section 4 (a) which sus¬ pends rates and charges for trailer ac¬ commodations, limited to those trailer accommodations also subject to rent control ceilings imposed by the Office of Rent Stabilization and adds trailer ac¬ commodations to the list of exempted services infection 3. Under subparagraph (1) of section 4 (a), the suspension or decontrol of rent ceilings by the Office of Rent Sta¬ bilization automatically places such ac¬ commodations under Ceiling Price Reg¬ ulation 34. It appears that the rental of trailer space falls into two distinct classes: (1> The rental of such spaces on a transient basis and (2) the rental of such spaces, either with or without the trailer on such space, with the intention that the trailer be used as a residence by the oc¬ cupant. This includes the frequent sit¬ uations where the operator of a trailer park owns the trailers located in the park and rents them as living accommoda¬ tions to various individuals. When the Office of Rent Stabilization removes controls for such accommoda¬ tions used for housing purposes, irre¬ spective of whether trailer unit being used as a residence is owned by the oper¬ ator of the trailer park or the individual living in the trailer this amendment per¬ mits owners of the space occupied by the trailer to receive the same benefits as other lessors of housing accommodations. It does not of course, affect areas in which the Office of Rent Stabilization maintains controls on the rental of trailers as housing accommodations. With respect to trailer spaces rented to transient trailer owners, it would be administratively impracticable to require trailer park operators to maintain ceil¬ ing prices for such services. Conse¬ quently, it has been determined that all charges for the rental of trailer space should be exempted. In the formulation of this amendment, there has been consultation with in¬ dustry representatives, including trade association representatives, and consid¬ eration has been given to their recom¬ mendations. In the judgment of the Director, the exemptions provided for by this amend¬ ment will not defeat or impair the price stabilization program or the objectives of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respects: 1. Subparagraph (1) of section 4 (a) is deleted. 2. Paragraph (a) of section 3 is amended by adding at the end thereof the following: (131) Trailer accommodations. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment is ef¬ fective January 27, 1953. Joseph H. Freehill, Director of Price Stabilization. January 27, 1953. .<'! ,\ ' . V - - > > / - FILE following 85 Serv 61:69 (1-27-53) 85 Serv 61:71 Suspension of Certain Apparel Manufacturing Services (Adding Sec. 4(b)(6)) General Overriding Regulation 14 Amendment 35 JANUARY 27, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency (General Overriding Regulation 14. Arndt. 35] GOR 14 —Excepted and Suspended Services SUSPENSION OF CERTAIN APPAREL MANUFAC¬ TURING SERVICES Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 35 to General Overriding Regula¬ tion 14, is hereby issued. STATEMENT OF CONSIDERATIONS This amendment adds to the list of services suspended from price control by section 4, paragraph (b) of General Overriding Regulation 14, all services performed in the manufacture of ap¬ parel, apparel furnishings and acces¬ sories, and their component parts, as to which sales by the manufacturer have been suspended or exempted from price control. Price control over certain apparel com¬ modities has been suspended because their prices have persistently declined from the peaks which were reached in July 1951 and there are no indications that they will increase significantly in the foreseeable future. In general, a strongly competitive condition in the ap¬ parel market has a depressive effect upon the charges for services connected with the manufacture of apparel. These serv¬ ices are in more than ample supply and this has made for strong competition among apparel contractors. A continu¬ ance of the apparel price decline would result in pressure for lower service charges; but even if the decline should cease and apparel prices should level off, steady resistance to any increased serv¬ ice charges can be expected so long as apparel prices do not show a significant rise. It is not anticipated that apparel prices will rise significantly in the fore¬ seeable future, consequently it appears that market forces will also operate to prevent general increases in apparel service charges. Since the foregoing considerations are applicable to charges for services per¬ formed in the manufacture of the ap¬ parel heretofore exempted from price control, this amendment includes such charges as well as those for services per¬ formed in the manufacture of the apparel previously suspended from price control. In the judgment of the Director, price control over the services suspended by this amendment is not required at this time in order to carry out the purposes of the Defense Production Act of 1950, as amended. The Director may at any time terminate or modify this suspension if he determines that such action is nec¬ essary in the interest of the stabiliza¬ tion program. In any event, this sus¬ pension will be terminated as to a service when the apparel on which that service is performed is again brought under price control. All records which were required to be prepared and preserved under applicable ceiling price regulations in effect prior to this suspension must continue to be preserved. In the formulation of this amendment there has been consultation with indus¬ try representatives, including trade asso¬ ciation representatives to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS Section 4 of General Overriding Regu¬ lation 14, as amended, is further amend¬ ed by adding the following subparagraph (6) to paragraph (b) thereof: (6) All services performed in the man¬ ufacture of apparel, apparel furnishings and accessories, and their component parts, as to which sales by the manu¬ facturer have been suspended or ex¬ empted from price control. (Sec. 704, 64 Stat. 816, as amended; 50 U. 8. C. App. Sup. 2154) Effective date. This amendment shall become effective January 27,1953. Joseph H. Preehill, Director of Price Stabilization. January 27, 1953. I in. 190*11 -aa ’ "'It . . bsbtl KTL r «3H1 Ifl i^O-~ : *tqor **»<- noitD c Hi do tv nrrcrsoja noil OI " m , 1 ni oj3 ro J> 3a 'i . FILE following 85 Serv 61:71 (1-29-53) 85 Serv 61:73 Nurses’ Registries—Public Utility Pay Stations (Adding Sec. 3(a) (132) and (133)) General Overriding Regulation 14 Amendment 36 JANUARY 29. 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14. Amdt. 36] GOR 14—Excepted Services NURSES’ REGISTRIES—PUBLIC UTILITY PAY STATIONS Pursuant to the Defense Production Act of 1950, as amended. Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this Amend¬ ment 36 to General Overriding Regula¬ tion 14 is hereby issued. STATEMENT OF CONSIDERATIONS In continuance of the policy of the Office of Price Stabilization to concen¬ trate its efforts within major areas affecting the cost of living, business costs, and the defense program, this amend¬ ment extends the coverage of General Overriding Regulation 14 to exempt vari¬ ous services which do not exert a sig¬ nificant effect upon the cost of living of the average American family or business costs and the continued control of which involves administrative difficulties which are disproportionate in relationship to the value of such control to the stabi¬ lization program. Included in this amendment are nurses’ registries and fees paid by public utilities to their au¬ thorized pay stations. Nurses and nursing homes have al¬ ready been decontrolled. Further, the dues and fees of non-profit associations, where such dues and fees are not in whole or in part charged for the rendering of a specific service have been decontrolled and some nurses’ registries fall within this exemption. Inasmuch as many of the professional service aspects of nurs¬ ing have been decontrolled, adminis¬ trative convenience dictates that all nurses' registries be removed from price control. It is not to be expected that this action will have a significant effect upon the cost of living, if any. Fees and charges paid by public utili¬ ties to their authorized pay stations are decontrolled because they are but an in¬ significant part of business costs and the administrative problems attendant upon control of this service outweigh the ad¬ vantages of such control. The fees paid to pay stations for this service are small by comparison to the cost of the utilities if they were to maintain branch offices. Since utility rates are based upon the actual cost of operation, the maintenance of the pay stations in lieu of branch of¬ fices results in lower public utility rates to the consumer. In the formulation of this amendment there was consultation with industry rep¬ resentatives, including trade association representatives to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respects: 1. The following new subparagraphs (132) and (133) are added at the end of paragraph (a) of section 3: (132) Nurses’ registries. (133) Fees and charges paid by public utilities to their authorized pay stations. (Sec. 704, 64 Stat. 816, as amended, 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 36 to General Overriding Regulation 14 shall become effective January 29,1953. Joseph H. Freehill, Director of Price Stabilization. January 29, 1953. ' r ✓ U * A 42 tm.fr* ■ * :> : ■ r .• :ij ii ■ . f- ) *. < 7. it ’-i ' . t 1 . ' i- i 'i •r t • . i ; • 'Mu-' i ; . •• • ■ : : • - • • ■ 1 i tv .... "S ■< j ,r • ) 1 V . ; - '• ■ _ 1 ’ • J- • • . ... 1C. - , . ' ' ' ' - ' • • • • • .. ; . • ' v • . • ■ •; •• . ‘ : h , ii ■ • ••• > ’O . . , ' ■ :• ■ U. ■ . .. • • ■ 4. ' r* ‘ ■ .... < , . i ■ y« * 'i< , .. v. 3 • ,r ' ■ ■ . ' . . ' . • ■ 1 u, .. . .. ■ < - <11 ■ *<.. V • 1 . - 2 •. V„ ■ • ■ ‘.i. TIT ■•« r y-r**’:* ■■■ r ‘ 1 l » ‘ ; •. V • ' 3- ■■ ", ‘ • •• ...j i .; i a i. , r . •- ■ m •• ■ < VTCh.V .v 3 18 ■ ■ Iff . . ' ■ • ■ . simoxK OS baa .i.> : ■ ■ iO ; .■ \> <- .r < • •. • r. . - . 4-v'3 utrUW ■.. V9 -H v- . j: ' • 1 >- • ... . : . V ' • vO . * . • . ■ i» • ' <■<•' • . . ... • j *? '■ ' . «• ,af! ) (2-5-53) 85 Serv 61:75 FILE following 85 Serv 61:73 Telephone Charges by Hotels (Adding Sec. 3(a)(134)) General Overriding Regulation 14 Amendment 3 7 FEBRUARY 4. 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency |General Overriding Regulation 14, Arndt. 37] GOR 14— Excepted Services TELEPHONE CHARGES BY HOTELS Pursuant to the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.) as amended. Executive Order 10161 (15 F. R. 6105), and Economic Stabilization Agency General Order No. 2 (16 F. R. 738), this Amendment 37 to General Overriding Regulation 14 is hereby is¬ sued. STATEMENT OP CONSIDERATIONS This Amendment 37 to General Over¬ riding Regulation 14 removes from price stabilization regulations surcharges for telephone services made by hotels for such services rendered to their guests. Most hotels provide switchboard tele¬ phone service as an incident of their pri¬ mary function of providing living accom¬ modations to the guests. In such in¬ stances the telephone equipment, the switchboard and necessary extensions, is leased from the telephone company and the lessee is charged for the service at the scheduled rate of the telephone com¬ pany established by state and federal regulatory authorities. In the opera¬ tion of such switchboard equipment the hotel provides the operator. Hotels cus¬ tomarily make a surcharge for outgoing local telephone calls of their guests in addition to the telephone company’s charge to offset in part the expense of providing those services. The provisions of this amendment do not extend to charges for telephone answering services or charges for tele¬ phone services rendered through switch¬ boards in establishments other than hotels as defined in the Housing and Rent Act of 1949. In addition, it ap¬ plies only where the surcharge is made on each call. Where a flat fee is charged for secretarial desk service in addition to switchboard telephone service, the ad¬ ditional services are not separable from the local telephone call surcharge, and such fees are not included in this exemp¬ tion. The administrative difficulty of main¬ taining controls on these telephone serv¬ ices, and their insignificant effect upon the cost of living of the average Ameri¬ can family justify their exemption at this time. In the formulation of this amend¬ ment informal consultation has been held with representatives of the indus¬ try, including trade association repre¬ sentatives, and consideration has been given to their recommendations. In the judgment of the Director the provisions of this amendment are gen¬ erally fair and equitable and are proper to effectuate the purposes of Title IV of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS (1) Section 3 (a) of General Over¬ riding Regulation 14 is amended by add¬ ing at the end thereof the following: (134) Switchboard services in placing outgoing non-toll telephone calls for guests of hotels where the charge is made for each call. For the purposes of this exemption a hotel is any establishment which is commonly known as a hotel in the community in which it is located, which customarily provides rooms for transient guests who are provided cus¬ tomary hotel services such as maid serv¬ ice, furnishing and laundering of linen, telephone and secretarial desk service, use and upkeep of furniture and fixtures, and bellboy service. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) This Amendment shall become effec¬ tive on February 4, 1953. Joseph H. Freehill, Director of Price Stabilization. February 4, 1953. - , • ■ J - v ■ ' • • - • y*. • . . v,f! := cptWT • v < ti hA) HOITA VH9W r iO 33WO ;> • •». 7 ■ - • r ; •• . r ■ -7 • , • . ; . ' ' < ' : J 'V . - . 1 1 ' , • ■ • ■: ■ • . ■ ■ . N » • • -«. ' • .. . >J r i • ; < • 'V 1 ' • •( k' «. >• • • s i -» .*■; < •% * ‘ : ■ 4 .... «!' \ ' •55i O'’ 8 f 2. ' V ' ' *■ *• • .,i - ; 4 - ■ : - ■ . . SI ■.. ■' if - ; j i • , /V ■ •> . . • . i • • V »■ . r;. • t •• ... . • ! ! / .; r - • . 1: • - -• ■ i . ■ ' ' • i. ■ - ■••V . 1 l*U | • - - - .>*• - • . . • i. ,J « - . .1 • - * ‘ j.yi .-■:0tb ^ .a • • * • • ' ' '• v ■ ■ ■ * : • » \o'r* ' • -. - . * • •• . i • •; ■ t • . V ' ■ - ': •. > . ».*, . . ' ?!S ' . i ' • . ■ ’ • i > ■ .*! U ■■ r. -: ■ *. ' . « V * n - i ■ ft ■ FILE following 85 Serv 61:75 (2-9-53) 85 Serv 61:77 Towing Services Performed by Tug and Barge Operators Within a Single Harbor Area, Etc. (Adding Sec. 3(a)(135)) OFFICE General Overriding Regulation 14 Amendment 38 FEBRUARY 9, 1953 OF PRICE STABILIZATION WASHINGTON > TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency |General Overriding Regulation 14, Amdt. 38] GOR 14— Excepted Services TOWING SERVICES PERFORMED BY TUG AND BARGE OPERATORS WITHIN A SINGLE HAR¬ BOR AREA OR BETWEEN ADJOINING HARBOR AREAS Pursuant to the Defense Production Act of 1950, as amended, Executive Or¬ der 10161, and Economic Stabilization Agency General Order No. 2, this amend¬ ment 38 to General Overriding Regula¬ tion 14 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment exempts from price control towing services performed by tug and barge operators within a single har¬ bor or between adjoining harbor areas, including the furnishing and renting of tug boats, barges, scows, and lighters for use within such area or areas. The majority of persons engaged in these types of operations are common carriers subject to the jurisdiction of the Interstate Commerce Commission and, as such, are exempt from price control. It is the opinion of the Director of Price Stabilization that this circumstance will negate the possibility of untoward price increases by the parties exempted from price control by this amendment since the bulk, of their competition will come from parties subject to Interstate Com¬ merce Commission rate control. The rates and charges of this industry have little effect upon the cost of living since towing charges represent only a minute portion of the retail price of any commodity. Because of the small size of this industry little or no contribution to the stabilization program would be made by a continuation of price control in this field. Further, the continuing of price control would impose undue administra¬ tive burden upon the Office of Price Sta¬ bilization since this industry is composed of many small-scale operators using many types of equipment and operating under varying rate structures thus mak¬ ing rate adjustments and enforcement extremely difficult. In the formulation of this amendment there has been consultation with indus¬ try representatives, including trade asso¬ ciation representatives, and considera¬ tion has been given to their views. In the judgment of the Director of Price Stabilization this amendment is fair and equitable and will serve to effectuate the purposes of the Defense Production Act of 1950, as amended. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended by adding at the end of paragraph (a) of section 3 a new subparagraph (135), as follows: (135) Charges for towing services per¬ formed by tug and barge operators within a single harbor area or between adjoining harbor areas, including the furnishing and renting of tug boats, barges, scows, and lighters for use within such area or areas. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) This amendment to General Overrid¬ ing Regulation 14 is effective February 9, 1953. Joseph H. Freehill, Director of Price Stabilization. February 9, 1953. I V' 1 1 *5 ; .*6 V ■ ■ : : . i • ' * ■ FILE following 85 Serv 61:77 (2-9-53) 85 Serv 61:79 Additional Excepted Services (Adding Sec. 3(a)(136) and (137)) General Overriding Regulation 14 Amendment 39 FEBRUARY 9, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Arndt. 39] GOR 14 —Excepted Services ADDITIONAL EXCEPTED SERVICES Pursuant to the Defense Production Act of 1950, as amended. Executive Order 10l6l (15 F. R. 6105), and Economic Sta¬ bilization Agency General Order No. 2 (16 F. R. 738), this Amendment 39 to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This Amendment 39 to General Over¬ riding Regulation 14 extends the list of exemptions contained in that regulation to include fees for the services of weigh¬ ing, placing on and taking off scales, extracting samples, coopering and re¬ marking rendered on or to bulk or part cargoes of commodities of foreign origin and which are in the process of being imported into the United States or sold or distributed after importation into the United States but before any domestic processing or fabrication. In line with the policy of OPS to ex¬ empt services which have minor signifi¬ cance and negligible effect upon costs, this amendment exempts these par¬ ticularly described services supplied by certain weighers and samplers. The charge for these services is quoted on imported commodities in bulk or in large lots. Charges in most cases are figured in the hundredths of one cent per pound and in some cases in the thousandths of one cent per pound. There is no evi¬ dence that decontrol of the service will have a significant adverse effect on the price level when considered in conjunc¬ tion with previous decontrol of the re¬ lated service of stevedoring. Exemption from control of these services present no substantial threat of diversion of mate¬ rials and manpower from sellers remain¬ ing under control, and is a non-retail service which does not enter significantly into the cost of living of the average American family or into business costs. Also exempted are rates, fees and charges for certain premium redemption facilities. It is customary for certain manufacturers to use premium coupons as a form of advertising for their prod¬ ucts, and to pay the firm which redeems the coupons a service charge for this service, in order to divide the operating expenses among the cooperating firms. The participating manufacturers main¬ tain the premium coupon arrangement as a form of advertising for the end products which they manufacture and sell, but the ceiling prices of the end products are governed by other ceiling regulations. The cost of the cooperative premium coupon redemption service is a very small portion of the total cost of selling and advertising such end prod¬ ucts. Furthermore, there are only four or five companies which perform such a service as this, and the volume of the service is insignificant. This non-retail service does not enter significantly into the cost of living of the average Amer¬ ican family or into business costs. The control of these services involves administrative difficulties for OPS and for the sellers of these services which are disproportionate in relation to the effec¬ tiveness of the control and the contribu¬ tion to the price stabilization program. Prior to the formulation of these amendments, consultation was had with industry representatives, including trade association representatives to the extent practicable, and consideration has been given to their recommendations. AMENDATORY PROVISIONS General Overriding Regulation 14, as amended, is further amended in the fol¬ lowing respects: Paragraph (a) of section 3 is amended by adding at the end thereof the following: (136) Rates, fees and charges for the services of weighing, placing on and tak¬ ing off scales, extracting samples, coop¬ ering and re-marking rendered on or to bulk or part cargoes of commodities of foreign origin, which are in the process of being imported into the United States or which are sold or distributed after importation into the United States be¬ fore any domestic processing or fabri¬ cation. (137) Charges made for the coopera¬ tive redemption of premium plan coupons. (Section 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 39 to General Overriding Regulation 14 shall be effective February 9, 1953. Joseph H. Freehill, Director of Price Stabilization. February 9, 1953. * \ i. ’5 c ;r. J ? Wl ■ -y : v . ' -is % i ■ *• - . . • - . :.-n .. . } T ■ • ic .-it >r : * -u- * .» . ■ ■ > - ' ■ . FILE following 85 Serv 61:79 (2-23-53) 85 Serv 61:81 Exemption of Previously Suspended Services and Additional Exemptions General Overriding Regulation 14 Amendment 40 FEBRUARY 18, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Arndt. 40] GOR 14 —Excepted and Suspended Services EXEMPTION OF PREVIOUSLY SUSPENDED SERVICES AND ADDITIONAL EXEMPTIONS Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161, and Ecoriomic Stabilization Agency General Order No. 2, this Amendment 40 to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS The President of the United States has announced that he does not intend to ask for a renewal of price control authority on April 30, 1953, when the present leg¬ islation expires. He has stated that in the meantime, steps will be taken to eliminate controls in an orderly manner. The Office of Price Stabilization has been instructed to proceed accordingly. This amendment to GOR 14 is one of the actions in which OPS is carrying out that instruction. GOR 14 was issued to provide, so far as practicable, a single listing of services as to which changing conditions justified suspension or removal of price ceilings. This amendment exempts from price control all services, except laundry, linen and diaper supply and dry clean¬ ing services; services supplied to com¬ mercial, industrial or governmental pur¬ chasers to the extent that such services are used directly in the processing or manufacturing of commodities which re¬ main under price control; and brokerage fees and agency commissions charged for commodity or services sales which are under ceiling price control. Warehousing, dock and terminal serv¬ ices and all transportation services in¬ cluding the rental of cars and other transportation equipment are exempted from price control. All services previously suspended un¬ der General Overriding Regulation 14 and Supplementary Regulation 15 to the General Ceiling Price Regulation are exempted from price control by this amendment. This amendment also expressly con¬ tinues the requirements heretofore in effect under the applicable regulations respecting preservation of records as to past transactions. In view of the special nature and basis of this amendment consultation with in¬ dustry representatives was impracticable and unnecessary. AMENDATORY PROVISIONS General Overriding Regulation 14 as amended, is further amended in the fol¬ lowing respects: 1. Paragraph (a) of section 3 is amended by adding at the end thereof the following: (138) All warehousing, dock and ter¬ minal services. (139) Transportation services includ¬ ing rentals of cars and other transporta¬ tion equipment. (140) All services as to which ceiling prices have been suspended under sec¬ tion 4 (b) or under Supplementary Reg¬ ulation 15 to the General Ceiling Price Regulation. (141) All other services except the following: (i) Laundry, linen and diaper supply, and dry cleaning. (ii) Services supplied to commercial, industrial or governmental purchasers to the extent that such services are used directly in the processing or manufac¬ turing of commodities which are under ceiling price regulation. (iii) All brokerage fees and agency commissions charged for commodity or service sales which are under ceiling price regulation. 2. The following sentence is added af¬ ter the first sentence in paragraph (a) of section 3: “However, any record re¬ lating to a service exempted from price control which you were required to have immediately prior to such exemption shall continue to be preserved and made available for examination by OPS or any other authorized agency of the United States, in the manner and for the period stipulated in the regulation requiring you to have such record.” (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This Amendment 40 to General Overriding Regulation 14 shall be effective February 18, 1953. Joseph H. Freehill, Director of Price Stabilization. February 18, 1953. QY:l d v a Q . .v I ' , -'.'JIV OHW =?<•> n">l’K> \!?jo1v n‘ }o rtoitg >j o i* fa A V !♦ l [’ • ■ i 'V m •) .ft : . - O’ >CJ. ' -.3i- iBMl nv.1 1 t 'J.'., ■ , •• •> ■ • t‘< •< i«: I. ra qqj i . ■ ■* Si '■ ! / t 1 32fo2«aa JAWO'TAH— A2Z 3JTIT •o.ikfal? t< >it«l i »• .’! J— '-111 ~9’qc<*0 y)n»QA noito»'f>Ho ? jimonojJ .noil 0/ »t . U . F! It! >vO ->0| (uavt*^ 9 a :a ouv axi H >iOO J H. 0 -'.j, t, oil » !»U - n xi i sere i/ll v tamm. •sal O 9vifu }l .1 nsniJB e* ,0581 lo «A no /nth; 4 oiinohooi bna ■ ’ ./4 sb a ln»n»D ywmA '> n ) '. n/j ) oj op ’usmbasraA vii nohilussH 10 • < O O . V! •> I», I ... !«! ui Ui<*A a.-. »J'V *ri aH ?»-:i'ix9 noiief nsMsJ 9d llw rq*ie .^rnbinaom >/fj n*u v! «( :o -■ r:-. i!»•••> *3 ..atmui . ;.a >t*i • oafio • .?'V ' VU> :M. {V r 3CKf 0‘*J-y-tior mi J.iitl n - J J i F .<• ■• . it •) •■ ■ . \i"f . ’ ’•> ■in/s/tajdo x q 1 moii u.tl * ifieraniro, . if.tm »n. FILE following 85 Serv 61:81 (3-9-53) 85 Serv 61:83 Laundry, Dry Cleaning, and Industrial Services (Amending Sec. 3(a)(l41)) General Overriding Regulation 14 Amendment 41 MARCH 5, 1953 OFFICE OF PRICE STABILIZATION WASHINGTON TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter IIU—Office of Price Stabiliza¬ tion, Economic Stabilization Agency | General Overriding Regulation 14, Amdt. 41] GOR 14— Excepted and Suspended Services LAUNDRY, DRY CLEANING AND INDUSTRIAL SERVICES Pursuant to the Defense Production Act of 1950, as amended, Executive Order 10161, and Economic Stabilization Agency General Order No. 2, this Amendment 41 to General Overriding Regulation 14 is hereby issued. STATEMENT OF CONSIDERATIONS This amendment to General Overrid¬ ing Regulation 14 is in furtherance of the directive of the President of the United States that the price control pro¬ gram be terminated in an orderly manner. This amendment removes laundry, linen and diaper supply, and dry clean¬ ing services from ceiling price control. Previously all “consumer" type services except laundry, linen and diaper supply, and dry cleaning services, were freed from ceiling price control by Amend¬ ment 40 to GOR 14. This amendment also exempts from price control all industrial services ex¬ cept those specifically covered by Ceiling Price Regulation 156, “Fabricated Struc¬ tural Steel, Miscellaneous and Orna¬ mental Iron and Vessel Shop Products for Field Assembly or Erection.” As a result of this amendment, the only services remaining under price con¬ trol will be those covered by CPR 156, and brokerage fees in connection with sales of commodities still under control. In view of the special nature and basis of this amendment, consultation with industry representatives was impracti¬ cable and unnecessary. AMENDATORY PROVISIONS Section 3 (a) (141) of Gener. Over¬ riding Regulation 14 is amended to read as folhiws: (141) All other services except the following: (i) Services covered by Ceiling Price Regulation 156, “Fabricated Structural Steel, Miscellaneous and Ornamental Iron and Vessel Shop Products for Field Assembly or Erection.” (iii) All brokerage fees and agency commissions charged for commodity or service sales which are under ceiling price regulation. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Effective date. This amendment 41 to General Overriding Regulation 14 is ef¬ fective March 5, 1953. Joseph H. Freehill, Director of Price Stabilization. March 5, 1953. ; . ■ ■ . * FILE following 85 Serv 61:35 (6-30-52) 85 Serv 61:203.1 INTERPRETATIONS GOR 14, SEC. 3 AGRICULTURAL LIMING MATERIALS Exemption of trucking and spreading services-both services exempt •The intent of Amendment 12 to GOR 14 is to exerap both the truciring and spreading of agricultural liming materials regardless of whether it is rendered as a single or com¬ bination service. : 15-3 -:..i ' ■ ■, ■- v ■ ' ' . FILE following 85 Serv 61:35 (6-25-52) 85 Serv 61:203a. 1 INTERPRETATIONS GOR 14, SEC 3(a) 30 INTEREST FOR THE USE OF MONEY Credit charges—not within exemption During the base period, a retailer sold electrical and gas appliances for cash or under a time payment plan. Under the latter plan he charged 5 % per annum computed on the unpaid portion of the selling price. For example, assume that the cash selling price of an appliance was $130.00, of which $30.00 was paid in cash and the balance was to be paid over a period of one year. To the $100.00 balance was added $5.00, or 5 % per annum, making a total of $135.00 to be paid off in installments. The retailer now desires to increase from 5 % to 6 % this charge for installment purchases. It is contended that the charge is "interest for the use of money" and therefore exempt from price control by GOR 14, Section 3(a) (30). This 5 % per annum charge, although expressed as interest, is not interest for the use of money. It is a percentage differential, for the sale of a commodity on installment terms, which may not be increased under either Section 9 of the GCPR or Section 55(c) of CPR 7. The "interest" exemption of GOR 14 presupposes that the interest be in connection with an actual loan of money. (5/15/52 #1) ' i 1 ^ . y • ‘ - ' ' 9 ‘ i FILE following 85 Serv 61: 203.1 (7-18-52) 85 Serv 61:203.3 INTERPRETATIONS GOR }4, SEC. 3 GOVERNMENTAL SERVICES Parking fees and services included Section 3 (a)(89) supersedes Section 3 (a)(46) to the extent that fees and charges for motor vehicle parking services operated directly by governmental agencies are exempt from price control, (3/11/52 No. 5) . . 1 ' ■ jl, fl - " : ' . - •< ■ \ ; . ' * ■' . - , , , • \ ' -- — FILE following 85 Serv 61:203. 3 (7-30-52) 85 Serv 61:203.5 INTERPRETATIONS GOR 14, SEC. 3 TOOL AND DIE SHOPS When exempt Under Section 3(a)(22) of GOR 14 engineering firms engaged in the sale of equip¬ ment are not exempt. If a concern operating a tool and die shop makes none of the tools it designs it is exempt under the foregoing provision. On the other hand, if a tool and die shop either makes the tools it designs or is affiliated either by common ownership or as a division, with a firm that manufactures tools that the tool and die shop designs, such shop is not exempt. (5-15-52 No. 12) 85 Serv 61:203a.3 FILE following 85 Serv 61:203a. 1 (7-28-52) INTERPRETATIONS GOR 14, Sec. 3(a) (32) SETTING AND ENGRAVING OF JEWELRY GOR 14, Section 3(a)^32) exempts from price regulation the setting of a diamond and engraving of jewelry. (8/3/51 No. 10) 85 Serv 61:203a.4 INTERPRETATIONS GOR 14, Sec. 3(a)(43) SERVICES Exemption--repair of antique clock The repair of watches and clocks is subject to CPR 34; but the repair of a grand father clock which was manufactured prior to 1850 is exempt, however. Under GOR 14 Section 3(2)(43). (8/3/51 No. 10) FILE following 85 Serv 61:203a.3 (8-4-52) 85 Serv 61:203a.5 INTERPRETATIONS GOR 14, SEC. 3(a)(23) ENTERTAINERS Taxi dancer services, when exempt Section 3(a)(23) of GOR 14 exempts the rates, fees and charges for services falling within the scope of an entertainer's occupation only when they are charged by the en¬ tertainer. If the entertainer is an employee, his charges are not subject to price stabilization. If the entertainer is an independent contractor his rates, fees, and charges for services falling within the scope of his occupation are exempt. The charges to the consumer made by anyone who employs him however, are not exempt. Hence the charges to the public of a dance hall proprietor for the services of a taxi dancer are not exempt. (7/16/52 No. 10) '< , ■ •••' . • 4 0 ■ ' • ; -;r. • ‘ * - ■ ■ FILE following 85 Serv 61:203a.5 (8-5-52) 85 Serv 61:203a.7 INTERPRETATIONS GOR 14, Sec. 3(a) 21 EDUCATIONAL INSTITUTIONS Does not include summer camps (see Interps following GCPR, SR 15, Sec. 2(a), page 42 Reg 11:1752a.1 “ ki.CS: !•- : . ',*2 ' ' V : J-t'3. ■ :v :■ : :T . rr . . r-rr.r -? .Uv . & •'' :... . v. : FILE following 85 Serv 61:203.5 (8-1-52) 85 Serv 61:203.7 INTERPRETATIONS GOR 14, Sec 3 EXEMPTIONS Professional services not exempt unless performed by professional person The exemption under Section 3(a)(4) of GOR 14 extends only to a person who is an architect and who is performing architectural services. Under no circumstances would a person who is a designer and not an architect, but who performs architectural services, be entitled to an exemption even for those services, since he is not a pro¬ fessional architect. These same standards apply to any professional service rendered. (8/16/51 No. 8) \ i % .' • i r ■ • :■ , V -• ■ FILE following 85 Serv 61:203.7 85 Serv 61:203.9 (8-6-52) INTERPRETATIONS GOR 14, Sec. 3 TEACHERS Scope of Exemption »■' ■ A teacher in any branch of knowledge, art, craft, or skill would qualify for exemption under GOR 14, Section 3(a)(60). Thus, golf, tennis and dance'instructors would come within this definition since they teach a skill or an art. 8/29/51 No. 11 8/30/51 No. 1 , ... • •• < • •• ' t FILE following 85 Serv 61:203a. 7 (8-12-52) 85 Serv 61:203a. 9 INTERPRETATIONS GOR 14, SEC 3(a) (30) INTEREST FOR THE USE OF MONEY Exempt though rate illegal under state law The exemption contained in section 3 (a) (30) of GOR 14 applies to all interest charges made for the use of money, irrespective of the legality of the rate so charged under applicable state statutes. (6-16-52 No. 7) . • . . .i 5 'ii-rwa * wm- ' ■ ; ■ FILE following 85 Serv 61:203.9 (8-7-52) 85 Serv 61:203.11 INTERPRETATIONS GOR 14, Sec. 3 CHARGES BY LENDING INSTITUTIONS —when controlled A rate, fee or charge made by a money lending institution for services which fall within the scope of its occupation of lending money for the collection of interest is not exempt under GOR 14, Section 3(a)(30) which exempts only interest for the use of money but not charges for services rendered in connection therewith. 8/30/51 No. 5 * . ' V . r : t • f ' S ■ i < ' / • * *\ . ■ IV v‘V •. . • u ■: ■ " ■' -is . •.> • • > . • - . ; . % . " ■ ■ . „ ■ ! - i . ■ - FILE following 85 Serv 61:203a. 9 (8-18-52) 85 Serv 61:203a. 11 INTERPRETATIONS GOR 14, Sec. 3(a) (42) NURSES Scope of exemption Thd question has arisen whether the exemption in GOR 14 applies only to the services of registered nurses or whether it applies to any individual performing nurses’ services. Such exemption applies only to services furnished by qualified nurses, such as registered nurses and qualified practical nurses; 8/1/52 No. 24 85 Serv 61:203a. 12 INTERPRETATIONS GOR 14, Sec. 3(a)(72) DUES AND ASSESSMENTS Organization supplies members with business reports—not exempt Inquiry has been made as to whether a certain Better Business Bureau is exempt from price regulation under Section 3(a)(72) of GOR 14. This particular Bureau is not exempt under that Section of GOR 14. It appears from the information contained in the organization pamphlet that the organization performs the specific service of furnishing to its mem¬ bers at their request special fact reports on individuals or firms operating in the community and therefore is performing' such a specific service that it is excluded from exemption under Section 3(a)(72). 7/30/52 No. 2 FILE following 85 Serv 61:203a. 12 (8-21-52; 85 Serv 61:203a. 13 INTERPRETATIONS GOR 14* Sec. 3fa)(89) CONCESSION FOR MUNICIPALLY OWNED PARKING FACILITIES Agreement for control of prices by municipality is no basis for exemption A municipality’s public parking authority leases certain municipally owned facilities for public parking space. Under the agreement between the parties the rates to be charged will be controlled by the authority. However since the services thereunder are performed by the concessionaire the fees and charges are not exempt under Section 3(a) (89) of GOR 14. (7/15/52 No. 20) ■-SOX ■ i - •• ■ '.'!#& : 7\\J ,.'■ ' ' l /i -■ ‘ ■ — y -■• ■ ■- V. . . ... ..... • c. - x. • e - .. Sis *X«i - ' - . . i ‘ FILE following 85 Serv 61:203a. 13 (8-22-52) 85 Serv 61:203a. 15 INTERPRETATIONS GOR 14, Sec. 3(a) 64 FEES FOR GRADING, INSPECTING AND WEIGHING When not exempt A board of trade may not increase its fees for grading, inspecting, and weighing where such fees are not fixed, approved, or collected by the United States Department of Agriculture and hence are not exempt under Section 3(a)(64)(ii) of GOR 14. (6/19/52 No. 29) 85 Serv 61:203a. 16 INTERPRETATIONS GOR 14, Sec. 3(a)(64)(i) BRAND INSPECTION FEES FOR STOCKYARDS Exempt when regulated by Department of Agriculture Stockyards, if they are not regulated by the Department of Agriculture under the Packers and Stockyards Act, are controlled in respect to their Brand Inspection Fees by CPR 34; if so regulated, such services are exempt under GOR 14, Section 3(a)(64) (i). (2/20/52 No. 6) FILE following 85 Serv 61:203a. 16 (8-22-52) 85 Serv 61:203a. 17 INTERPRETATIONS GOR 14,, Sec. 3(a)(86) COVERAGE Exemption of commissions for consignment sales of petroleum products, not retroactive The question posed is whether a company may properly pay certain increased com¬ missions for consignment sales of petroleum products during the period from July 1, 1951 to September 19, 1951. Amendment 2 to GOR 14, effective September 19, 1951, added paragraph (86) to Section 3(a) of that regulation exempting such commissions from price stabilization regulations on that date. This exemption is not retroactive, consequently the com¬ pany may not now pay increased commissions for any period antedating September 19, 1951. (2/25/52 No. 10) . ■ FILE following 85 Serv 61:203a. 17 (8-25-52) 85 Serv 61:203a. 19 INTERPRETATIONS GOR 14, Sec. 3(a)(67) WATCHMAN AND GUARD SERVICES Scope of exemption The exemption of "watchman and guard services" within the meaning of the term used in Section 3(a)(67) of General Overriding Regulation 14 is intended to apply to services by guards and watchmen who are physically present on the premises at all times during their tour of duty. Protection services rendered by means of mechanical devices and services of picking up and interpreting the dials and reporting to cus¬ tomers the times of opening and closing of doors were not intended to be and are not covered by this exemption from price control. (5/1/52 No. 13) 4 < t 85 Serv 61:203a. 21 FILE following 85 Serv 61:203a. 19 (9-3-52) INTERPRETATIONS GOR 14, Sec. 3(a)(89) COVERAGE Municipalities—furnishing electricity directly and repairing electrical appliances Where a city directly furnishes electricity to its inhabitants, and also repairs electrical appliances which the inhabitants have purchased from other sources, the city in both instances is furnishing a service rather than selling a commodity. Both of these services are exempt from price control by General Overriding Regulation 14, Section 3(a)(89), which exempts services supplied directly by municipalities. (4/29/52 No. 33) 85 Serv 61:203a. 22 INTERPRETATIONS GOR 14, SEC. 3(a)(89) GOVERNMENT SERVICES Admission charges to state school sports event, not included (see Interns following GOR 14, Sec. 3(a)(21), page 85 Serv 61:203a. 23) FILE following 85 Serv 61:203a.22 (9-3-52) 85 Serv 61:203a. 23 INTERPRETATIONS GOR 14, SEC. 3(a)(21) EDUCATIONAL SERVICES Percentage of admission charges to sports event paid as rent The question presented is the applicability of Section 3(a)(89) of GOR 14 when state schools and an athletic association jointly stage an exhbition in a place owned by the latter. Section 3(a)(2l) rather than Section 3(a)(89) operates as an exemption from price control of the admission charges under such circumstances. A sports service rendered by schools and educational institutions as described in Section 3(a)(21) is exempt when rendered in facilities rented by such schools for the specific service. Of course, admission charges to school games staged by the athletic association remain subject to CPR 34. (8/25/52 No. 1) 85 Serv 61:203a. 24 INTERPRETATIONS GOR 14, SEC. 3(a)109 GOVERNMENTAL SERVICES Sports event staged by state, with part of proceeds paid athletic association The question posed is whether Section 3(a)(109) is rendered inapplicable when some of its proceeds are paid to an athletic association, a profit organization. Admission charges to college football game, actually staged by a state or state agency is regulated by Section 3(a)109 of GOR 14 and this section is not inappli¬ cable since some of the proceeds are paid over to a "Bowl Athletic Association". This does not necessarily include "a participation by said association in the pro¬ ceeds of an event staged by a non-profit organization", but it appears to be a rental of facilities and a part of the expense of staging the event. Admissions, however, to an annual holiday game staged by the athletic association, a profit organization, remain subject to CPR 34. ( 8 / 25/52 No. 1) FILE following 85 Serv 61:203a. 24 (9-10-52) 85 Serv 61:203a. 25 INTERPRETATIONS GOR 14, SEC. 3(a)(89) EXEMPTIONS -laundry operated by state university The question is presented as to whether the rates of a laundry operated by a state university are exempt from CPS control by Section 3(a)(89) of GOR 14. The university is governed by a Board of Trustees appointed by the General Assembly of the state. It is the highest institution in the state's school system and practi¬ cally all of its funds are appropriated by the State legislature. Among the inciden¬ tal services rendered by the university is included the laundry in question, which is used primarily by students or members of the institution. The general public uses about ten percent of these laundry facilities. State universities are considered to be agencies of the state within the meaning of Section 3(a) (89) of GOR 14. Accordingly, rates of a laundry operated by the uni¬ versity are exempt from price stabilization by such section. (2/8/52 No. 3) -■ M - FILE following 85 Serv 61:203a. 25 (9-15-52) 85 Serv 61:203a. 27 INTERPRETATIONS GOR 14, Sec. 3(a) (78) COVERAGE Line handling and mooring, not included (see Interps. following CPR 34, Section 2, page 85 Serv 32:202.35) ' . FILE following 85 Serv 61:203a. 27 85 Serv 61:203a. 29 (REMOVE AND DESTROY prior 85 Serv 61:203a. 29) INTERPRETATIONS GOR 14, Sec. 3(a)(89) TOLL ROADS Maine Turnpike Authority considered agency of the State The question presented is whether the Maine Turnpike Authority is covered by the exemption of services supplied directly by the State as set forth in Amendment 2 to GOR 14. It appears that the Turnpike Authority was established by the State Legislature for the purpose of providing toll road facilities for travel within the State; that such Authority presently provides such facilities; that the Authority has issued bonds which are not pledges of the State; that the Authority is a body politic exempt from execution, the membership of which is appointed by the Governor of the State; that the Authority has the right of eminent domain and is exempt from taxes; that surplus revenues are to go into a trust fund to provide for the retirement of the bonded in¬ debtedness; that the Authority will dissolve on the retirement of the bonds, the toll roads then reverting to the State; that the enabling act provides the Authority is to be regarded as performing a governmental function in carrying out its purposes. Other available information indicates that a court decision has declared the Author¬ ity to be a body politic or quasi-municipal corporation; that the Supreme Court of the State has decided the Authority is neither a department of the State nor a public utility; that the Attorney-General has ruled, for the purposes of reimbursement to the State for engineering and police services rendered to the Authority and with re¬ spect to the State Employee Retirement System, that the Authority is not a State agency; but that the Attorney-General has otherwise refused to rule upon whether the Authority is a State agency. This office in preparing Amendment 2 to GOR 14 gave consideration to a specific exemption from price stabilization for toll roads and toll bridges, similar to that provided under OPA by Rev. SR 11, Sec. 1449.46(b)(110). This exemption was not included in Amendment 2 because of the provision for governmental agency exemption. It was ex¬ pected the broader exemption would include the lesser exemption for toll roads and bridges operated by governmental agencies. The services rendered by the Authority fall within the scope of section 3(a)(89) of GOR 14. The Authority was created by the State Legislature to perform certain governmental functions; its members are appointed by the chief executive officer of the State; it has certain governmental powers and immunities; and its life and responsibility are coextensive with the discharge of its functions. The court de¬ cisions cited and the ruling of the chief legal officer of the State, while indicating that the Authority is not a conventional executive agency of the State government, do not determine the agency status of the Authority. Keifer & Keifer v. R.F.C . 306 U.S. 381 (1939). It may be agreed that the autonomous operation of certain fiscal and ad- 85 Serv 61:203a. 30 ministrative functions does not ipso facto cut the umbilical cord which binds an in¬ dependent governmental corporation or agency to the government. The Federal government has long operated not only through its established departments, but by independent agencies and government corporations. The Reconstruction Finance Corporation appears, in fact, to be operating more independently than the Authority, and yet court de¬ cisions have considered it to be an agency of the Federal government. More persuasive, perhaps, is the fact that it was the intent in drafting this exemption that an agency of this nature should be permitted to qualify therefor. Accordingly, the Maine Turnpike Authority is entitled to be considered an agency of the State within the meaning of Sec. 3(a)(89) of GOR 14. as amended. (12/19/51 No. 1) FILE following 85 Serv 61:203a. 30 (9-26-52) 85 Serv 61:203a. 31 INTERPRETATIONS GOR J.4, Sec. 3(a)(18) DRILLING OF OIL AND GAS WELLS Additional examples of excepted services TITLE 32A—NATIONAL DEFENSE. APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14,- Inter¬ pretation 2] GOR 14— Excepted Services INT. 2—NECESSARY OPERATIONS IN CONNEC¬ TION WITH DRILLING OF OIL AND GAS WELLS (SECTION 3 (a) 08) ) There has been some confusion as to the scope of GOR 14, section 3 (a) (18). Various interpretations have been placed on what constitutes the necessary oper¬ ations in connection with the drilling of oil and gas wells. The interpretations placed on this section have varied be¬ cause of the different operations consid¬ ered necessary in different areas of the country. This Office has consulted with a number of industry representatives and endeavored to ascertain what industry generally regards as necessary opera¬ tions in connection with the drilling of oil and gas wells. All charges for the necessary operations in connection with the drilling of oil and gas wells, whether performed by the operator or the sub¬ contractor for him, are excepted from price controls. It is the interpretation of this Office that the following listed examples of op¬ erations shall constitute necessary oper¬ ations in connection with the drilling of oil and gas wells. This interpretation does not limit the necessary operations to this list only. Section 3 (a) (18) of GOR 14 is inter¬ preted to mean that in addition to elec¬ trical logging services, preparation of locations, shot hole and diamond core drilling, fishing jobs, pulling, salvaging. and plugging operations, the following are examples of services which shall be considered excepted from price control whether performed by the operator or a subcontractor for him: Surveying lease and making location. Moving in derrick materials by trucking contractor. Erection of derrick by rig building con¬ tractor. Moving in small machines, usually cable tools to drill water well, providing water line is not laid to nearby water course or pond by a water well contractor. Moving in drilling rig, equipment, or sup¬ plies to and from location. Fuel for the operation of the rig and other equipment at the well location. Moving in conductor and surface pipe by miscellaneous contractors. Furnishing of cement and performing cementing services for conductor and/or surface casing. Engineering services for the purpose of de¬ veloping deviation from vertical in the drill¬ ing of hole. Testing operations rendered by contractor involving the furnishing of instruments and necessary tools for performing a drlllstem test. Perforating gun. Jet, or knife and equip¬ ment for the purpose of perforating pipe into producing formation. Furnishing equipment, men and materials to transport acid to well and pump into well bore, usually under pressure, to Increase or Induce production, remove mud or precipi¬ tates from face of formation. Water Operation. In this type operation, following the surveying and staking of loca¬ tion, it Is customary in marsh land drilling to have a contractor dig a canal from a main water course to location preparatory to mov¬ ing in barge on which is mounted a drilling rig. In moving rotary rig to location, it is necessary to employ contractor for towing barge. In water operations, an operator usu¬ ally contracts with owner of boats for use by drilling contractor to move materials and crews to and from location. After barge is floated over location, sea cocks are opened and the barge settles to bottom: at which time drilling operations are ready to com¬ mence. Subsequeht operations are more or less similar to Land Operations in all of the various services needed. Preparing location, including operations such as grading; excavating; constructing roads, canals, piers and platforms; and erect¬ ing shelters. Installing equipment. Including any means of transporting, assembling, erecting, and testing. Making, conditioning and completing hole, including drilling and control thereof, coring, reaming, straightening or deflecting, repairing defects, together with all surveying, fishing, casing, cementing, perforating, and treating operations that may be required. Plugging and grouting, including the set¬ ting of bottom hole or bridge plugs and injecting cement, plastic or other material into the formation selectively or otherwise. Completing for utilization, including installation of tubing, packers, valves and other service connections above or below the surface such as flow lines, oil and gas sep¬ arators, treating equipment and tanks; and also all testing and repairing. Repairing or redrilling, including deepen¬ ing, plugging back, squeezing, side tracking, cleaning out, reaming, treating (shooting, acidizing, hydrafracing, etc.), pulling and running casing and tubing, and testing. Core drillings; strata testing; well logging; well shooting; cementing; pressure fractur¬ ing; sand acidizing; repressuring or flooding. Shooting. Rig removal. Pulling casing and tubing on abandon¬ ment. Dry holes—casings are pulled and well plugged; Old abandoned wells—casings and tubings are pulled and well is plugged. (Sec. 704, 64 Stat. 816, as amended; 50 U. S. C. App. Sup. 2154) Herbert N. Maletz, Chief Counsel, Office of Price Stabilization. September 5, 1952. 17 FR 8074 (9-6-52) ; ■ • •' ■ ik.. :5Ji ' . • ■< • ;> ■ i 1 •• • 1 c ■ ■ • J- . . • •' • j . ' . ■ ’ - •5 ■ ' •>< - . ' ' • : •• ' ; ■“ ' V; : . '■ « . 5C •') ■ ' ‘1^-3 ! ' ' ’ * 1 • - - ■ ■ ' ' ■ % FILE following 85 Serv 61:203a.31 (10-9-52) 85 Serv 61:203a.33 INTE RPRE TATIONS GOR 14, Sec.3(a)(89) CONCESSIONAIRE AT STATE FAIR Admission charges not exempt though proceeds inure to State fund An opinion is requested as to whether the admission charges to the various events to be presented at a State Fair are exempt from price regulation. It appears that the proceeds derived from the events presented at the Fair, would inure to the State Fair for maintenance and improvement of the Fair grounds which are under the direct auspices and control of the State Department of Agriculture. Section 3 (a)(89) of General Overriding Regulation 14 exempts from price regulation the rates, fees and charges for any services supplied directly by the State or an agency of any state. However, the exemption does not extend to con¬ cessionaires or other persons supplying such services in a private capacity for the State or agency of the state. Therefore, the only admission charges which are exempt from price regulation are the admission charges to those events which are directly operated by a state agency. The admission charges for those events which are under the control of a concessionaire or private person remain subject to the provisions of CPR 34, it being immaterial that proceeds therefrom eventuate into the State's maintenance and improvement of the Fair grounds, which is State property. (3-18-52 No. 3) . ' - «X . ' > ’$t* L , FILE following 85 Serv 61:203a.33 (11-3-52) 85 Serv 61:203a. 35 INTERPRETATIONS GOR 14, Sec. 3(a)(110) INSPECTION AND TESTING SERVICES Term "non-retail" explained Section 3(a)(ll0) of General Overriding Regulation 14 exempts non-retail inspection and testing services supplied by non-profit organizations. This exemption applies to all such organizations supplying services usually supplied at other than the retail level and generally considered by the trade as being non-retail in nature. The word "non-retail" as used in this subsection describes the type of service covered. The exemption, therefore, applies to all levels of distribution. (10-13-52 No. 18) ■4 FILE following 85 Serv 61:203a. 35 (11-28-52) 85 Serv 61:203a. 37 INTERPRETATIONS GOR 14, Sec. 3(a)(21) DANCE STUDIOS When exempt Dance studios are within the exemptions of General Overriding Regulation 14, section 3(a)(21), if they provide a systematic and supervised course of instruction. The ex¬ emption applies equally to individual and class instruction and does not exclude an institution operated purely for profit. (10/24/42 No. 10) ( . FILE following 85 Serv 61:203a. 37 (12-12-52) 85 Serv 61:203a. 39 INTERPRETATIONS GOR 14, Sec. 3(a)(113) RADAR AND OTHER ELECTRONIC EQUIPMENT ON SHIPS Installation, maintenance, and repair - not exempt OPS has been asked whether the installation, maintenance and repair of radar and underwater sounding gear used on vessels of various types and sizes are exempt under GOR 14, Sec. 3(a)(113) or under GOR 9, Sec. 2(b)(5). GOR 14, Sec. 3(a)(113) exempts charges made for "repair and conversion services to any boat, ship, barge, canal boat, lighter or tug." GOR 9 contains similar language to exempt repair and conversion services upon vessels more than 65 feet in length. The installation, maintenance, and repair of radar and underwater sounding gear is not exempt under these sections. The words "repair and conversion services" do not contemplate the installation, maintenance and repair of radar and underwater sounding gear. The installation, repair, and maintenance of radar and underwater sounding gear is not the repair or conversion of a vessel within the meaning of these sections. The exemption was intended to cover the services normally per¬ formed by a shipyard and not specialized services such as those performed on electronic equipment. (12/8/52, No. 8) . • r ' :■ -< v , , 1 ( • ' . .if > ' ■r . . .. ' . FILE following 85 Serv 61:203a. 37 (3-19-53) (REPLACES Prior 85 Serv 61:203a. 39) 85 Serv 61:203a. 39 INTERPRETATIONS GOR 14, Sec. 3(a)(113) RADAR AND OTHER ELECTRIC EQUIPMENT ON SHIPS Installation, maintenance, and repair - not exempt OPS has been asked whether the installation, maintenance and repair of radar and underwater sounding gear used on vessels of various types and sizes are exempt under GOR 14, Sec. 3(a)(113) or under GOR 9, Sec. 2(h)(5). GOR 14, Sec. 3(a)(113) exempts charges made for "repair and conversion services to any boat, ship, barge, canal boat, lighter or tug." GOR 9 contains similar language to exempt repair and conversion services upon vessels more than 65 feet in length. The installation, maintenance, and repair of radar and underwater sounding gear is not exempt under these sections. The words "repair and conversion services" do not contemplate the installation, maintenance and repair of radar and underwater sounding gear. The installation, repair, and maintenance of radar and underwater sounding gear is not the repair or conversion of a vessel within the meaning of these sections. The exemption was intended to cover the services normally performed by a shipyard and not specialized services such as those performed on electronic equipment. (12-8-52, No. 8) SUPPLEMENTARY INTERPRETATION MARINE INSTRUMENTS, SPARE PARTS Repair of ships’ instruments The question has been asked as to whether spare parts sold only for repair or con¬ version of ships' instruments are exempt from price control under the provisions of section 2(b)(5) of GOR 9. This section provides that the "repair or conversion of any ship, barge, canal boat, lighter or tug, more than 65 feet in length, whether propelled by sail or motor power or towed by other craft" is exempt from price control. GOR 14, section 3(a)(113) contains substantially similar language exempting the services of any such repair or conversion. 4 If the equipment which is serviced or repaired and the sale of spare parts neces¬ sary thereto is a necessary adjunct to the normal operation or navigation of a ves¬ sel and in uniquely designed for use aboard a vessel, such service or repair and sale of spare parts are exempt from price control; provided, however, that this exemption shall only apply to equipment which is affixed or attached to a vessel in such a manner that it is normally repaired or serviced on shipboard. (1-12-53 No. 3). . « . ' . FILE following 85 Serv 61:203a. 39 (3-4-53) 85 Serv 61:203a. 41 INTERPRETATIONS GOR 14, Sec. 3(a)(72) COOPERATIVE ASSOCIATIONS AND CORPORATIONS When "dues” and "membership fees" are not subject to control (see Interps. following CPR 34, Sec. 2, page 85 Serv 32:202.57). FILE following 85 Serv 61:203a. 41 (3-16-53) 85 Serv 61:203a. 43 INTERPRETATIONS GOR 14, Sec. 3(a)(85) ROYALTIES When exempt Section 3(a)(85) of GOR 14 exempts royalties from price control, unless the royal¬ ties are for a grant of a right under a patent which is incident to or an integral part of any sale by the patent holder of any material subject to ceiling price re¬ gulation. The "H" company inquires whether the royalties which it collects as agent for the patent holder are subject to price control. It sells a resin which is used in the making of a patented adhesive. The patent covers the making of the adhesive. The patent holder is not related to the "H" company and has no interest in its sale of the resin. The "H" company acts as agent for the patent holder, and collects the royalties from its customers along with payments for the sale of its resin and turns over the royalties to the patent holder. Since the grant of rights under the patent holder's patent is not incident to or an integral part of any sale by the patent holder, the royalties are exempt from price control. (1-11-52 No. 43) . .. * 4 ? FILE following 85 Serv 61:203a. 43 (3-24-53) 85 Serv 61:203a. 45 INTERPRETATIONS GOR 14, Sec. 3(a)(89) CHARGES FOR SERVICES-SUPPLIED BY THE UNITED STATES Aircraft rental exempt The question is raised as to the applicability of ceiling price regulations to the rentals charged by the Department of the Air Force in leasing aircraft to private operators. Subparagraph (89) of section 3(a) of General Overriding Regulation 14, effective September 19, 1951, exempts from price control services supplied directly by the United States, the States, Territories and possessions of the United States, and their political subdivisions and municipalities, the District of Columbia, and any agency of any of the foregoing, with the exception of services which are incidental or related to or connected with the sale of any commodity, and certain other serv¬ ices not pertinent. On July 21, 1952 this exemption was continued in a modified form by section 2 of General Overriding Regulation 11, Revision 2, which exempted services supplied directly by the United States, the States, Territories and possessions of the United States, and their political subdivisions and municipalities, the District of Columbia and any agency of the foregoing, and the former exceptions were eliminated. Rental of aircraft is a service which normally would be covered by Ceiling Price Regulation 34. However, inasmuch as the aircraft rentals are not incidental or related to or connected with the sale of a commodity, such rentals by the Air Force have been exempt from ceiling price regulation since September 19, 1951, and are exempt at the present time. (2-2-53 No. 1) t o .. (ea)( e .0^ ,1 . > 1 . -i ,. . :r; J' & l >1 JJ-tfiDii/ j ' i* ' or >0 1 » c „ :roli«h>. urscl ■ ft:* * ".j : .la 1: Ib 1 -nt; . n- * : 9 FILE following 85 Serv 61:203a. 24 (9-9-52) 85 Serv 61:204b. 1 INTERPRETATIONS GOR 14, Sec. 4(b)(1) GINNING, BALING, AND WRAPPING When suspension includes wrapping and ties TITLE 32A—NATIONAL DEFENSE, APPENDIX Chapter III—Office of Price Stabiliza¬ tion, Economic Stabilization Agency [General Overriding Regulation 14, Interpretation 1] GOR 14— Excepted and Suspended Services INT. 1—SUSPENSION OF CEILING PRICES ON NONEXEMPT COMMODITIES FURNISHED WITH BALING AND GINNING SERVICES SECTION 4 (b> (1)) The question has been raised whether the wrapping and ties used in baling cotton have been suspended from price controls (1) when furnished with the service of ginning cotton and (2) when sold as such. Section 4 (b) (1) of GOR 14, as amended, suspends from price controls the service of ginning, baling and wrap¬ ping cotton. Where a commodity is fur¬ nished as an integral part of a serviqe and ceiling prices for the service are suspended, the suspension includes the commodity so furnished. Inasmuch as the wrapping and ties furnished with the service of ginning, baling and wrapping are an integral part of such service, they are suspended from price controls—not as commodities but as parts of a service sale—by section 4 (b) (1) of GOR 14, as amended. On the other hand, the sale of burlap and cotton covers and metal ties used in baling cotton are still subject to price controls when such sale is a separate transaction and is not an integral part of the furnishing of the above services. Section 3 (g) and (h) of GOR 4, Revi¬ sion 1, as amended, does not suspend burlap and cotton bale covers sold as such from price controls since only laminated covers are included in the commodities suspended by those para¬ graphs. (Sec. 704, 64 Stat. 816, aa amended; 60 U. 8. C. App. Sup. 2154) Herbert N. Maletz, Chief Counsel, Office of Price Stabilization. September 4, 1952. (17 P.R. 8044. 9/5/52) ' 4 . (f K ie-'i- Jot..,-. » :t» Ittwl -« - Xtt» WHA i ic'vaaJ • t :r*f*cr\ i-iu N-ohc ««>Tl Hu I r b U A c-'.' FILE following 85 Serv 61:204b. 1 (9-17-52) 85 Serv 61:204b.3 INTERPRETATIONS GOR 14, Sec. 4(b)(2) HANDLING AND STORAGE OF COTTON -suspension not applicable to hauling The hauling of cotton is not suspended from price control under Section 4(b)(2) of GOR 14. The exemption for "handling and storage of raw cotton and other warehousing services incident thereto" is applicable only to services rendered in connection with the storage of raw cotton. (9/11/52 No. 4) «