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594

FEDERAL REGISTER,
coal during the preceding calendar month, the tonnage sold, and the amount of discount allowed to e a c h such distributor.
6. Within twenty 20 business days after the effective date of these rules and regulations, each Code Member shall file with the Coal Commission a list showing the names and addresses of all his sales agents. Upon any change in said list, the Code Member shall notify the Coal Commission within ten 10
business days after such change takes place.
7. A list showing the names and ad dresses of sales agents and the Code Members for whom such agents act shall be published monthly by the Coal Commission.
8. All agency contracts and other in formation filed by Code Members in con formity with the foregoing regulations, other than the names and addresses of sales agents, shall be held by the Coal Commission as the confidential records of said parties and shall not be made public without the consent of the Code Member from whom the same shall have been obtained, except where such disclo sure is required in any proceeding before the Coal Commission by way of enforce ment of the Act or upon the order of any court of competent jurisdiction.
9. Prom and after twenty 20 busi ness days following the effective date of these Marketing Rules and Regulations no Code Member or sales agent of a Code Member shall allow or pay, directly or in directly, any commission or compensa tion to any sales agent a Unless the contract of agency shall have been filed with the Coal Commis sion, as hereinbefore required, and b Unless the sales agent shall have agreed, in writing, with the Code Mem ber to conform to and observe the mini mum and maximum prices and Market ing Rules and Regulations established by the Coal Commission and the Fair Trade Practice Provisions o f the Act, as well as all proper orders of the Commission, and c Unless the sales agent shall have in good faith complied with the agree ment as in paragraph b above provided.
10. No commission shall be paid to a sales agent by a Code Member where the coal is delivered or sold to any person who owns such sales agent or who finan cially or otherwise controls such agent.
11. When any commissions are paid to a sales agent on a tonnage basis, the Code Member shall not include in the computation of such commissions any part of the tonnage of coal sold by him to the sales agent, whether for consump tion or resale.
12. No Code Member shall employ any person or appoint any sales agent at a compensation obviously disproportionate to the ordinary value of the service or services rendered and whose employment or appointment is made with the pri mary intention and purpose of securing
Wednesday, February 8, 1939

a preferment with a purchaser or pur prices not less than the said applicable chasers of coal.
minimum prices may be made with 13.
Subject to further order of the Coal agencies of the Federal Government or Commission, the amount o f commission with such agencies of the State or local to be paid by a Code Member to his sales governments, in the absence of competi agent shall be fixed by agreement of the tive bidding, where by virtue of an ex parties, subject, however, that upon com press exemption in the statute or ordi plaint of violation o f the unfair methods nance such agencies may enter into of competition, as provided in the Act, contracts fo r the purchase of coal with the amount of such commission shall out regard to competitive bidding.
be subject to review by the Coal 2. While the preceding rule is in effect, Commission.
no option may be given by a Code Mem ber or sales agent for the purchase of Section I I I Discounts coal. When the above rule is suspended 1. No Code Member or sales agent of or revoked by the Coal Commission, op a Code Member shall pay or allow any tions for the sale of coal may be given discount from minimum prices to any for a period not exceeding fourteen 14
person unless such person has been reg days. No options may be given at a istered by the Coal Commission as au price less than the applicable minimim thorized to receive such discount at the price in effect at the time of the giving time o f the sale.
of the option. I f the applicable mini 2. Code Members or their sales agents mum price is increased beyond the may allow discount from minimum quoted price within such fourteen 14
prices or sales o f coal to registered dis days and the option shall not have been tributors, not in excess of the maximum exercised at that time, the option there discount or price allowance prescribed by upon shall become null and void: Pro the Coal Commission upon such sales. vided, however, That in connection with Only one such discount may be allowed offers to sell to the United States Gov on any such sale.
ernment, or States or political subdivi 3. Except as expressly authorized in sions thereof, options may be given for rules and regulations or orders promul a period not exceeding forty-five 45
gated by the Coal Commission, no Code days from the date of the offer or from Member or sales agent may grant or the final date for the filing of offers.
allow any discount or reduction, includ 3. Quotations may also be given for a ing any allowance for shipping on a period of not exceeding fourteen 14
Government Bill of Lading, from the ap days. I f the applicable minimum price plicable minimum prices upon the sale is increased beyond the quoted price of coal to any person, including agencies within such fourteen 14 days and the of the Federal Government or agencies quotation shall not have been accepted of state or local governments.
at that time, the quotation thereupon 4. Every sale of coal to a distributor shall become null and void.
upon which a discount is allowed shall 4. Every quotation and option shall be made subject to the express condition provide that it is made subject to the that the distributor is authorized to re provisions of the Marketing Rules and ceive the discount.
Regulations of the Coal Commission.
5. All quotations and options must be Section IV Lim ita tion o f Orders, Agree made or confirmed in writing. Every ments, Options and Quotations Code Member, or his sales agent, shall 1. Subject tofurther order of the Coal require of his offeree that the acceptance Commission no Code Member or sales of a quotation or the exercise of an agent of the Code Member shall enter option be in writing.
into any agreement or order for the sale of coal providing for delivery for a pe Section V Spot Orders riod in excess of that authorized for a 1. A spot order shall be in writing or spot order, and no prices shall be less than the applicable minimum prices in confirmed in writing within five 5
effect at the time of the making of the business days from the date of the mak agreement or order: Provided, however, ing thereof.
2. Each spot order shall be subject to That contracts for periods not exceeding one 1> year may be made with agencies the following conditions which shall of the Federal Government or with agen either be endorsed upon the form of the cies of State or local governments, where order or upon the written confirmation the contract is entered into through thereof by the Code Member or his sales competitive bidding, at the following ap agent, the meaning and effect of which shall not be changed or altered by any plicable minimum prices:
a For deliveries during the first other provision of the order:
thirty 30 days of the contract, at not less than the applicable minimum prices in effect at the time of the making of the agreement;
b For deliveries thereafter, at not less than the applicable minimum prices in effect at the time of delivery.
Provided, fu rther, That contracts for periods not exceeding one 1 year at
a No shipment consigned to any destination may be reconsigned or di verted without the consent of the seller to be confirmed in writing. In case of any reconsignment or diversion, the seller shall charge and the buyer shall pay not less than the applicable mini mum price for such coal at the time of the reconsignment or diversion for de-