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REGISTER

FEDERAL
VOLUME 3

1934

NUMBER 28

U n ited

,
Washington Wednesday, February 9, 1938
DEPARTMENT OF THE INTERIOR.
National Bituminous Coal Commission.
Order No. 216
An Order M odifying O rder No. 96, as M odified by O rders Nos. 132, 164, 184, 191 and 211, and S upplementing the S chedule of M inim um P rices for C oals of C ode M em
bers P roduced W it h in D istrict No. 8 by A dding T hereto a S chedule o f P rices T o B e K now n as T ruck M ine P rice S chedule No. 1D istrict No. 8

The National Bituminous Coal Commission having by its Order No. 96 as modified by Orders Nos. 132, 164, 184, 191
and 211,1 determined and established the minimum prices of coals of code members produced within D istrict No. 8, as set forth in Price Schedule No. 1D istrict No. 8, as sup plemented by Supplements Nos. 1, 2, 3, 4 and 5, and having determined that the provisions of sub-sections a and b of Part n of Section 4 of the Act and the purposes thereof will be carried out more effectively by supplementing the aforesaid schedule and supplements by a truck mine price schedule as hereinafter provided:
Now, therefore, pursuant to Act of Congress entitled An Act to regulate interstate commerce in bituminous coal, and for other purposes Public, No. 48, 75th Cong., 1st sess., known as the Bituminous Coal Act of 1937, the National Bituminous Coal Commission hereby orders:
1. That the m inim um prices of coals of code members pro duced within District No. 8, established in Price Schedule No. 1District No. 8, as supplemented by Supplements Nos. 1, 2, 3, 4 and 5 to Price Schedule No. 1District No. 8, are hereby further supplemented as set forth in Truck Mine Price Schedule No. 1District No. 8, filed this day in the office of the Secretary of the Commission and made a part hereof by reference as though fully set forth herein, and such minimum prices, as shown in said Truck Mine Price Schedule No. 1, shall be and are hereby determined and established as the minimum prices of coals of code members within District No. 8, and shall be effective at 12:01 oclock A. M., on the 21st day of February, 1938.
2. That said Order No. 96, as modified by Orders Nos. 132, 164, 184, 191 and 211 and Price Schedule No. 1District No.
8, and Supplements Nos. 1, 2, 3, 4 and 5 thereto, except as modified herein and by said Truck Mine Price Schedule No.
1District No. 8, shall remain in full force and effect.
3. That the Secretary of the Commission shall forthwith mail copies of this Order and Truck Mine Price Schedule No. 1District No. 8 to the Consumers Counsel, the Secre taries of the Bituminous Coal Producers Boards and to Code Members within District No. 8; shall cause copies of this Order and said Truck Mine Price Schedule No. 1District No. 8 to be made available for inspection by all interested parties at the Secretarys office of the Commission and at all
Statistical Bureaus of the Commission; and shall cause to be published a copy of this Order in the F ederal R egister.
By order of the Commission.
Dated this 5th day of February, 1938.
seal
F. W itcher M cCullough , Secretary.
T ruck M ine P rice S chedule No. 1 D istrict No. 8
Truck Mine Schedule of minimum prices for coals of code members produced within D istrict No. 8, established pursuant to the provisions of the Bituminous Coal Act of 1937.
Effective: February 21, 1938.
Issued: February 5, 1938.
F. W. M cC ullough , Secretary.
PRICE INSTRUCTIONS

1. The schedule of prices shown herein applies F. O. B.
trucks or wagons at mines, on all coal produced by Code Members in the District shown on the title page hereof.
2. All Prices are subject to the Marketing Rules and Regu lations issued by the National Bituminous Coal Commission.
3. If any size is made for which a price is not designated herein, such size shall be sold at the price applicable to the next larger size.
4. All size designations herein are for round hole screens.
When other types of screens are used the round hole equiva lent shall control the size.
5. All Prices herein are per net ton of 2,000 pounds F. O. B.
transportation facilities at the mines unless otherwise designated.
6. When coal is subjected to any chemical, oil, or waxing process, an additional charge of not less than lOtf per net ton shall be made.
7. Not less than the actual cost of transporting coal from the ordinary loading facilities at the mines to any consumer shall be added to thé established minimum price F. O. B.
transportation facilities at the mine.
The cost of such transportation is subject to review by the Commission on complaint or upon its own motion. In every case reviewed by the Commission the Code Member shall have the burden of establishing or proving that the cost so charged was an accurate cost commensurate with the service actually Tendered.
8. Any Code Member Mine not listed in this Index for shipment by truck shall observe the schedule of prices appli cable to adjacent mines having sim ilar quality coal.
Equivalent Round Hole Size or Bar Screens R o u n d h o le
Bax spacing :

E quivalent
----------------------------------------------------------------- 1 & "
1 " ______________________________________ _ - 1 % "

IV"---------------------------------- 2"

1 % " ----------------------------------------------------------------- 2 % "

2 _______________________________________ 4%
2y2" ---------------------------4%"
3 ______________________________________ 5y2"
4 " ______ ________ , __________________ _______ 6 "

f
12 F. R. 3040, 3281, 3388 DI ; 3 F. R. 101. 136, 140, 303 D I.

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