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FEDERAL REGISTER, Wednesday, February 1, 1939
Commissioners: Robert E. Freer, TITLE 29LABOR
Chairman; Garland S. Ferguson, Charles CHAPTER VWAGE AND HOUR
H. March, Ewin L. Davis, William A.
DIVISION
Ayres.
I n the M atter of J. A. S chwartz , I n P art 524 R egulations A pplicable to dividually , and T rading as N ational S ales & N ovelty C om pany
ORDER TO CEASE AND DESIST

E mployment of H andicapped P ersons P ursuant to S ection 14 of th e F air L abor S tandards A ct
The following amendment to Regula This proceeding having been h eard1 tionsPart 524Regulations Appli by the Federal Trade Commission upon cable to Employment of Handicapped the complaint of the Commission, re Persons pursuant to Section 14 of the spondent having filed no answer testi Fair Labor Standards Act of 1938 is mony and other evidence taken before hereby issued. Said amendment to Part William C. Reeves, an examiner of the 524 amends Section 524.901 by extending Commission theretofore duly designated the period of temporary certificate of by it, in support of the allegations of exemption provided therein from Febru said complaint and in opposition thereto, ary 1, 1939, to February 16, 1939. Said brief filed by counsel for the Commission, amendment shall become effective upon counsel for respondent having filed no my signing the original and upon the brief and not having requested oral ar publication thereof in the F ederal R eg gument, and the Commission having ister and shall be in force and effect made its findings as to the facts and until repeal by regulations hereafter its conclusion that said respondent has made and published by me.
violated the provisions of the Federal Signed at Washington, D. C., this 31st Trade Commission Act;
day of January, 1939.
It is ordered, T hat, the respondent, E lmer F . A n dr ew s , J. A. Schwartz, individually, and trading Administrator.
as National Sales & Novelty Company, or under any other trade name, his rep S ection 524.90 Temporary certificate resentatives, agents and employees, in of exemption during period before normal connection with the offering for sale, procedure is in full operation. From sale and distribution of radio receiving October 24, 1938, to February 16, 1939, sets, or any other merchandise, in inter this regulation shall be deemed to be a state commerce or in the District of certificate authorizing employers to con Columbia, do forthwith cease and desist tinue in their employ handicapped work from:
ers at wage rates less than the minimum 1 Supplying to or placing in the rates applicable under Section 6 of the hands of others push or pull cards, Fair Labor Standards Act, subject to the punchboards, or other lottery devices for following conditions:
the purpose of enabling such persons to a The earning capacity of the em dispose of or sell such or similar products ployee for the particular position held by him must be, or must honestly be by the use thereof;
2 Mailing, shipping, or transporting believed by the employer to be, substan to his agents and to distributors or to tially impaired by age or physical or deficiency or injury.
members of the public push or pull cards, mental b Such handicapped worker must punchboards, or other lottery devices so have been employed by the employer on prepared or printed as to enable said or before October 17 1938, at a rate less persons to sell or distribute such or sim than the normal minimum rate pre ilar products by the use thereof;
scribed in Section 6 of the Act.
c If the employer had in his employ 3 Selling or otherwise disposing of such or similar products by the use of on October 17 any non-handicapped push or pull cards, punchboards, or other worker or workers similarly employed, the handicapped worker must have been lottery devices.
employed at that date at a rate less than It is further ordered, That within sixty the rate paid to such non-handicapped 60 days from the date of the service of workers.
this order upon said respondent, he shall d In no event shall the wage paid file with the Commission a report in to the handicapped employee during this writing, setting forth in detail the m an period of temporary exemption be a t a ner and form in which this order has rate less than 75 percent of the normal been complied with.
minimum rate applicable under Section By the Commission.
6 of the Act.
seal
O t is B. J o h n so n , e For the purposes of this regulation Secretary.
no alleged handicapped worker shall be P. R. Doc. 39-354; Piled, January 31, 1939; temporarily exempted if, prior to Octo ber 17, 1938, more than 5 percent of the 10:10 a. m.
13 P. R. 978 DI.

13 F. R. 2508 DI.

.485

workers were employed by the employer to perform similar work at the saipe rate of pay as th at received by such alleged handicapped worker; provided, th at this limitation shall not apply in the case of employment by nonprofit or semicharitable organizations.
f The temporary exemption herein provided shall terminate on December 1, 1938, as to any particular employee claimed to be handicapped, unless prior to that date the Administrator shall have received an application for exemption as prescribed in Part 524, Title 29, Chapter V, Regulations Applicable to Handicap ped Persons. If a special certificate is issued on the basis of such application, it will supersede the temporary certificate provided by this Section. If any such application is denied, prior to February 16, 1939, the temporary exemption, as to the named employee, will become in operative immediately upon notice to the employer of such denial.
F. R. Doc. 39-369; Filed, January 31, 1939;
12:36 p. m.

TITLE 36PARKS AND FORESTS
FOREST SERVICE
Adm inistrative Order
O jo de S an J ose G rant , N ew M exico TRANSFER OF LANDS IN THE STATE OF NEW
MEXICO FROM THE SOIL CONSERVATION
SERVICE TO THE FOREST SERVICE FOR AD
MINISTRATION, PROTECTION AND MANAGE
MENT

By virtue of and pursuant to the au thority vested in me by Title HI of the Bankhead-Jones Farm Tenant Act, approved July 22 ,1 9 3 7 50 Stat. 522, 525
and Executive Order No. 7908, dated June 9, 1938,1 all lands within the Ojo de San Jose Grant, located in Sandoval County, New Mexico, that hitherto have been acquired or are in the process of acquisition by the United States in con nection with the Jemez Project, LI-NM9, under authority of section 55 of Title I of the Act of August 24, 1935 49 Stat.
750, 781, are hereby transferred from the Soil Conservation Service to the For est Service for protection, management and administration, as provided by Ad ministrative Order of July 15, 1938 3
F. R. 1755 D I.
seal H. A. W allace, Secretary.
J anuary 30, 1939.
F. R. Doc. 39-350; Filed, January 30, 1939;
3:38 p. m.J
This Section 524.90, as amended January 13, 1939, issued under the authority con tained in Section 14, 52 Stat. 1060.
13 F. R. 1389 DI.