Federal Register - February 8, 1939
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Source: Federal Register
FEDERAL REGISTER, agent shall not include an individual herein referred to as a salesman reg ularly and continuously employed by a code member, whose sole compensation is a stated salary per week, per month, or per year, and who regularly devotes the major portion of his time to the solicita tion of purchases of coal produced by his code member employer.
3. A commission is the total of all compensations and allowances received by a sales agent from a code member for services rendered in the sale of coal.
4. A registered distributor is a per son who has been duly registered by the Coal Commission pursuant to the rules and regulations prescribed by the Com mission for the administration of Section 4 II h of the Act.
5. A spot order is a legal obligation for the sale and purchase of coal, the de livery of which is stipulated to be made within not more than thirty 30 days from the effective date of the order, such effective date to be not more than fifteen 15 days from the date upon which the order was accepted.
6. A contract is a legal obligation for the sale and purchase o f coal, the deliv eries of which are stipulated to be made during a period longer than the maxi mum period specified for a spot order.
7. A quotation is an offer to sell coal which the offerer may withdraw prior to its being acted upon by the offeree.
8. An option is an offer to sell coal acceptable within a time certain, dur ing which time the offerer may not with draw the offer without the consent of the offeree.
9. A commitment is the status of a contract between the time a quotation is accepted or an option is exercised and the time the contract is formally reduced to writing.
10. Coal Commission as used herein, shall mean the National Bituminous Coal Commission established under the provi sions of the Bituminous Coal Act of 1937.
11. Act as used herein shall mean the Bituminous Coal Act of 1937.
12. A retailer is a person who buys coal for resale and sells such coal in lots or upon conditions other than those which would entitle him to a discount under rules and regulations promulgated by the Coal Commission pursuant to Section 4 n h of the Act.
13. District Board as used herein, shall mean any District Board established under the provisions of Section 4, Part I a of the Act.
14. Statistical Bureau shall mean, unless otherwise specifically stated, the Statistical Bureau of the Commission for the District in which the coal involved in any transaction is produced, or the Dis trict in which is located a mine of a code member affected by any order or regu lation.
Wednesday, February
16. Maximum Price shall mean a maximum price established and made ef fective by the Coal Commission.
17. The term producer includes all individuals, firms, associations, corpora tions, trustees, and receivers engaged in the business of mining coal.
18. The terms reconsignment and diversion as used herein shall mean the change in the original consignee or in the destination or route.
19. The term transportation facil ities means railroad cars, ships, barges, trucks, or any other facilities used or use ful in the transportation of coal.
20. A code member means a producer who has accepted and holds membership in the Bituminous Coal Code promul gated under the Bituminous Coal Act of 1937.
21. The term domestic market shall include all points within the continental United States and Canada, and car-ferry shipments to the Island of Cuba. Bunker coal delivered to steamships for consump tion thereon shall be regarded as shipped within the domestic market.
22. Cargo shipment is a quantity of coal loaded in a vessel, boat or barge for transportation via water.
23. Bunker coal or vessel fuel is that coal used aboard a boat or vessel for consumption thereon.
24. Coal as used herein shall mean bituminous coal.
25. The term bituminous coal in cludes all bituminous, semi-bituminous and sub-bituminous coal and shall ex clude lignite, which is defined as a lignitic 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 in the mine of 30 per centum or more.
26. The term control means the pos session, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of vot ing securities, by contract, or otherwise.
Section I I Sales Agents
1. All appointments of Sales Agents by Code Members or their agents or author ized representatives shall be subject to the Marketing Rules and Regulations from time to time established by the Coal Commission.
2. Each Code Member shall be respon sible for the compliance by all his Sales Agents and agents and employees of Sales Agents and agents with the pro visions o f the Bituminous Coal Code and of all rules and regulations, promulga tions and determinations of the Coal Commission.
3. Each Code Member shall require all his sales agents clearly to set forth upon any offer, contract, spot order, invoice, 15. Minimum Price shall mean a and statement of account covering coal minimum price established and made ef sold or to be sold, the name o f such Code fective by the Coal Commission.
Member principal, and the name of the
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mine or mines from which shipment was made or is to be made. I f the name of the sales agent also appears in the trans action, then the above mentioned forms shall also disclose the fact of agency relationship with the Code Member principal.
4. A Every contract for the ap pointment of a sales agent by Code Members or by agents or authorized rep resentatives of Code Members, or any modification thereof, shall be in writing, and shall fully set forth therein all the terms and conditions of such contract, including the amount or basis of the sales agents commission.
Certified copies of all such agency contracts en tered into on or prior to the effective date of the establishment of these rules and regulations and in effect on such date, shall be filed by the Code Member with the Statistical Bureau, or Bureaus, within twenty 20 business days after such date.
B Certified copies of all contracts appointing sales agents or of agreements modifying any sales agency contract, en tered into subsequent to the effective date of these rules and regulations, shall be similarly filed by the Code Member with in ten 10 business days after the date upon which such contracts or agreements have been entered into.
C Upon the expiration, termination, or rescission of any sales agency contract, the Code Member principal shall make a report thereof to the Statistical Bureau, or Bureaus, within ten 10 business days after the date of such expiration, termi nation, or rescission.
5. A As to all coal sold by a Code Member otherwise than through a sales agent or through an employee regularly employed as a salesman by the Code Member at his principal place of business or at a regularly established sales office, such Code Member shall, not later than the fifteenth day of each month, file with the Statistical Bureau, or Bureaus, a list of all persons through whom, directly or indirectly, any such coal was sold during the preceding calendar month, with a statement of the duration and character of their employment, the tonnage sold by, and the rate and amount of compensation paid to, each of them.
B Not later than the fifteenth day of each month, each Code Member shall also file with the Statistical Bureau, or Bureaus, similar information obtained from his sales agents concerning sales of coal made during the preceding calendar month, by the sales agents representa tives and employees other than salesmen employed at the principal place of busi ness or a regularly established sales office of the sales agent.
C Not later than the fifteenth day of each month, each Code Member shall also file with the Statistical Bureau or Bureaus, a statement showing the names and addresses of distributors to whom the Code Member or his sales agents sold