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FEDERAL
VOLUME 2.

REGISTER
1934

NUMBER 100

Washington, Tuesday, May 25, 1937
vote of the district tonnage during the calendar year 1936
represented at a m eeting of the code members of the dis trict called for the purpose of such determination and for Notice of I ntention to P romulgate the B ituminous C oal the election of such district board; and all code members C ode within the district shall be given notice of the tim e and Pursuant to act of Congress, entitled An Act to regulate place of the meeting. All but one of the members of the district board shall be code members or representatives of interstate commerce in bituminous coal, and for other pur poses Public, No. 48, 75th Cong., 1st S ess., known as the code members truly representative of all the m ines of the Bituminous Coal Act of 1937, the N ational Bituminous district. The number of such producer members shall be Coal Commission, by said Act duly established, does hereby an even number. O ne-half of such producá members shall be elected by the majority in number of the code members give notice of its intention to promulgate and make ef fective on June 21, 1937, pursuant to section 5 a of said of the district represented at the aforesaid m eeting. The other producer members shall be elected by votes cast in Act, the Bituminous Coal Code as provided for in section the proportion of the annual tonnage output of the code 4 of said Act.
members in the district, for the calendar year preceding the The Commission finds and hereby declares that the pro date of the election: Provided, That not more than one mulgation of said Bituminous Coal Code cannot be accom plished a t a date earlier than June 21, 1937, for the reason officer or employee of any code member within a district shall be a member of the district board at the same time.
that the intervening period of tim e is required:
a To permit the preparation and printing of copies of The remaining member of each district board shall be se said Bituminous Coal Code and forms of acceptance lected by the organization of employees representing the preponderant number of employees in the industry of the thereof.
b To permit distribution by the Commission of the district in question. The term of district board members copies of said code and of the forms of acceptance thereof, shall be two years and until their successors are elected.
as required by said Act, to bituminous coal producers The Commission shall have power to remove any member of any district board upon its finding, after due notice and throughout the United States.
c To afford the said producers a reasonable opportunity hearing, that said member is guilty of inefficiency, w illful for the consideration of said Bituminous Coal Code and of neglect of duty, or m alfeasance in office.
The district boards shall have power to adopt bylaws and their acceptance of membership therein, to take such action as may be necessary to authorize the acceptance of such rules of procedure, subject to approval of the Commission, membership in the code, and to execute and file with the and to appoint officers from within or without their own Commission such forms of acceptance in the manner herein membership, to fix their terms and compensation, to pro after provided.
vide for reports, and to employ such com m ittees, employees, The Commission further finds and declares that promul arbitrators, and other persons necessary to effectuate their gation of the code at a date earlier than June 21, 1937, purposes. Members of th e district board shall serve, as such, would result in undue hardship to producers who might without com pensation but may be reimbursed for their reasonable expenses. The territorial boundaries or lim its become liable to the tax imposed by subsection b of sec of the twenty-three districts are set forth in the schedule tion 3 of the Act without having had a reasonable oppor entitled Schedule of D istricts and annexed to this code.
tunity to accept the code.
The Bituminous Coal Code to be promulgated by the Com Whenever the Commission upon investigation instituted mission on June 21, 1937, and to be effective from and after upon its own motion or upon petition of any code member, said date, will contain the following conditions and provi district board, State or political subdivision thereof, or the sions required to be contained therein by section 4 of the consumers counsel, after hearing finds th at the territorial Act, and no others, such provisions being intended to regu boundaries or lim its of any district or minimum -price area late interstate commerce in bituminous coal and which shall are such as to make it substantially im practicable to estab lish m inim um prices in accordance wth all the standards set be applicable only to m atters and transactions in or di rectly affecting interstate commerce in bituminous coal and forth in subsections a and b of part n of this code, and to be effective as provided in said Act:
that a change in such territorial boundaries or lim its or a division or consolidation of such districts or minimum-price B ITU M IN O U S COAL CODE
areas would render the establshm ent of minimum prices in Part 1. Organization accordance w ith all such standards more practicable, it shall a Twenty-three district boards of code members shall by order make such changes, divisions, and consolidations be organized. Each district board shall consist of not less as it finds will substantially aid in such establishm ent of than three nor more than seventeen members. The num minimum prices.
b The expense of administering th is code by the respec ber of members of the D istrict board shall, subject to the tive district boards shall be borne by the code members in approval of the Commission, be determined by the majority 1045
DEPARTMENT OF THE INTERIOR.

National Bituminous Coal Commission.