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FEDERAL REGISTER, trict Board and the Statistical Bureau of the Coal Commission a verified state ment giving the following information:

Section X I I Miscellaneous
a The name and address of the con signee and the reason for the request for the allowance.
b The price at which the coal was sold, the tonnage delivered, the name of the mine, the Code Member, the date of shipment, the grade and size of coal, the destination, and the amount of al lowance or adjustment made.
c Such other pertinent information and facts as may be offered in proof of the necessity for such reduction or allowance.
d A statement that the adjustment has not been made with the purpose or intent of evading the price provisions of the Act.

1. The minimum prices established by the Commission shall not apply to coal sold and shipped outside the domestic market as defined in the Act and in these Marketing Rules and Regulations.
2. Maximum prices established by the Commission shall not apply to coal sold and shipped outside the continental United States.
3. No coal shall be sold or delivered or offered for sale at a price below the minimum or above the maximum there for established by the Commission, and the sale or delivery or offer for sale of coal at a price below such minimum or above such maximum shall constitute a violation of the Code: Provided, That the provisions of this paragraph shall not apply to a lawful and bona fide written contract entered into prior to June 16, 1933, which has been filed with the Coal Commission.
4. If, in converting a net or gross ton price, freight rate or freight rate dif ferential, the calculation extends to more than 3 decimals, and the 4th deci mal is 0.0005 or more, it shall be added as 0.001, and if under 0.0005 it shall be eliminated.
5. All coal shall be sold and invoiced on a price per ton basis, and all coal must be sold and invoiced under the size, price classification and other desig nation therefor in the price schedule published by the Coal Commission.
6. Failure to file information required by these Marketing Rules and Regula tions or the filing of false information, wilfully made, will subject the party failing to file the information required, or the party so filing, to the penalties of the Act and other penalties imposed by law.
Advertising
The Code Member shall also file, to gether with the statement, a written claim duly executed by or on behalf of the buyer and verified by affidavit, set ting forth the amount claimed by way of deduction and the reasons for the complaint.
2. All such adjustments and allow ances shall be subject to review by the Coal Commission.
Section X I Substitution a No substitution of grades or sizes of coal carrying a higher Code price may be made on spot orders or contracts, unless authorized by the Statistical Bu reau of the Coal Commission. Requests for permission to make substitutions shall be submitted to the Statistical Bu reau in writing and shall be approved only upon satisfactory evidence that such substitution is necessary as a tem porary and emergency measure and will not result in unfair advantage to either the Code Member or the Buyer. Upon approval of a request fo r substitution, the Statistical Bureau will issue a per mit to the Code Member in each in stance which permit shall be limited to a maximum number of tons for ship ment during a period not to exceed thirty 30 days. No permit for sub stitution shall be issued in connection with the shipment of coal sold to a re tailer. The issuance of such permits will be restricted for application to spot orders or contracts filed with the Sta tistical Bureau. All permits issued here under shall be consecutively numbered.
b Each Statistical Bureau shall pub lish to the District Board and to the Code Members within its District, at least once in each week, a list of the permits for substitution issued by the Statistical Bureau during the preceding week. Such publication shall show the name of the Code Member to whom the permit is issued, the permit number, the tonnage and grade or sizes involved in the substitution, the reason therefor, whether for application upon spot order or contract, and the period of time for which the permit is granted.

No. 26----- 8

597

Wednesday, February 8, 1939

General
1. No deduction or allowance from in voice prices shall be granted by any Code Member or his sales agent to any purchaser for advertising.
2. Code Members or their agents or representatives either individually or collectively, with or without financial participation by retailers of coal, may conduct advertising campaigns seeking to increase the use of coal. The amount of expenditures incurred by a Code Member, his agent or representative for advertising shall be subject to review by the Coal Commission as to the good faith of the transaction.
Screening For Buyers Account 1. The screening of mine run or re screening of other grades of coal, sold and billed as such, for the buyers ac count fo r the purpose o f keeping the resultant products separate in the ship ment thereof is prohibited.
Coal Confiscated or Lost in Transit 1. All coal confiscated or lost in transit shall be invoiced to the carrier at not
less than the minimum price established for such coal for shipment to the des tination and use to which the coal was sold or the established price for sale to the carrier at the place of confisca tion or loss, whichever may be the higher.
Revision of Marketing Rules and Regulations 1. These Marketing Rules and Regu lations are subject to revision and amendment by further order of the Coal Commission.
CONCLUSION

It is the conclusion of the Commission that the schedules or proposed minimum prices and marketing rules and regula tions submitted to the Commission by the District Boards for Districts 9, 11
and 12, as amended, corrected, modified or revised, conform to the requirements of Section 4 n a of the Act and that same, as amended, corrected, modified, or revised, may properly be transmitted to the respective District Boards within Minimum Price Area 2 to serve as a basis for the coordination as provided in Section 4 I I b of the Act.
By the Commission.
seal
P ercy T e t lo w ,
Chairman.

F. R. Doc. 39415; Filed, February 4, 1939;
12:34 p. m.J

TITLE 49TRANSPORTATION AND
RAILROADS
IN TE R S TA TE COMMERCE
COMMISSION
R e c o r d in g a n d R e p o r t in g o p A c c id e n t s order
At a session of the Interstate Com merce Commission, Division 4, held at its office in Washington, D. C., on the 28th day of January, A. D. 1939.
The subject of rules for the recording and reporting of accidents being under consideration:
I t is ordered, That the second para graph of the order of October 30, 1936,1
requiring all carriers by steam railway within the scope of the Accident Reports Act, approved May 6, 1910, to include in their monthly reports of railway acci dents an additional statement of the total number of employees on duty in jured whose cases are not now reportable on the basis of disability beyond the day, or shift, during which the accident oc curred but who suffer ah amputation, fracture, impairment of vision, or any permanent injury, or any injury re quiring the use of splints or crutches, is hereby canceled.
11 F. R. 1761.