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546

FEDERAL REGISTER,
ber, 1938, at which time all interested parties were afforded a full opportunity to be heard, and the evidence being ad duced, the Commission being fully ad vised in the premises has made Findings of Fact and Conclusions relating to the proposals of each of said Districts, which Findings of Fact and Conclusions are on file at the Office of the Secretary of the Commission, Washington, D. C., and which are by this reference incorporated herein and made a part hereof, and The Commission having determined that the rules and regulations as set forth in the said Findings of Fact and Conclu sions for each of the respective districts are reasonable and are not inconsistent with the requirements of Section 4 of the Act, and do conform to the standards of fair competition established by Section 4
of the Act, and form a proper basis for the coordination provided for by Sec tion 4, II, b of the Act.
Now, therefore, Pursuant to the provi sions of the Bituminous Coal Act of 1937, the National Bituminous Coal Commis sion hereby approves, for the purpose of coordination, the Rules and Regulations incidental to the sale and distribution of coal by code members, as the same are set forth in the Findings of Fact and Conclusions by the Commission for each o f Districts 9, 11 and 12 filed this date in the Office of the Secretary of the Com mission, Washington, D. C.
The Secretary of the Commission is hereby directed to cause a copy of this Order together with the Findings of Fact and Conclusions, above referred to, to be published forthwith in the F ed er al R eg
is t e r , and to cause a copy hereof, to gether with said Findings of Fact and Conclusions of the Commission to be mailed to the Consumers Counsel, to the Secretary of each District Board, to all parties who have filed their appearances in the hearing relating to the aforesaid proposals, and to cause copies thereof to be made available for inspection by inter ested parties at the office of the Secre tary of the Commission, Washington, D. C., and at the office of each Statistical Bureau of the Commission.
By order of the Commission.
Dated this 2nd day of February, 1939.
seal F. W it c h e r M cC u l l o u g h , Secretary.

F i n d in g s as t o t h e F a c t s a n d C o n c l u
s io n s o f t h e C o m m i s s i o n
Pursuant to the provisions of an Act of Congress approved April 26, 1937, en titled An Act to regulate interstate com merce in bituminous coal and for other purposes Public No. 48, 75th Congress, 1st Sess., known as the Bituminous Coal Act of 1937, and hereinafter re ferred to as the Act, the National Bi tuminous Coal Commission, hereinafter referred to as the Commission, under
Wednesday, February 8, 1939

and by virtue o f the authority granted in Section 4 n a of the Act, on the 20th day of August 1938, issued its Or ders No. 249 and No. 250 ordering and directing the District Boards fo r Dis tricts 9, 10, 11, 12, 13, 14, and 15 to pro pose to the Commission m in im u m prices free on board transportation facilities at the mines for kinds, qualities and sizes of coal produced in said districts and reasonable rules and regulations inci dental to the sale and distribution of coal by code members within said districts, the minimum prices and marketing rules and regulations to be proposed by the District Board fo r District 13 to be lim ited to that part of District 13 known as Minimum Price Area 3, said proposals to be submitted to the Commission on or before the 14th day of September 1938.
Said orders were published in the F ed
e r a l R e g is t e r under date of August 23, 1938, and copies of said orders were mailed to each of the code members within said districts and to each of the Secretaries of the District Boards within Minimum Price Areas 2, 3, 4, and 5, as directed in said orders.
Order No. 249 directed each of the aforesaid District Boards to propose to the Commission minimum prices f . o. b.
transportation facilities at the mines for kinds, qualities, and sizes of coal pro duced by the code members in their respective districts, and to propose such classification of coal and price variations as to mines, consuming market areas, values as to uses and seasonal demand, as might be deemed proper and within the authority conferred by the Act.
This order further provided that each District Board should transmit its sched ule of proposed minimum prices to each code member in the district before filing such schedule with the Commission in order to give code members an oppor tunity of protesting any proposed price classification.
Order No. 249 further directed that the minimum prices proposed by the several district boards should conform to the following standards therefor set out in Section 4 n a of the Act:
a The proposed m in im u m prices for each of the aforesaid districts shall yield a return per net ton fo r such districts equal, as nearly as may be, to the weighted average of the total costs, per net ton, of the tonnage of the m in im u m price area within which such district is located, as said weighted average here tofore has been determined by order of the Commission dated August 19, 1938, in this proceeding.
b They shall reflect, as nearly as possible, the relative market value of the various kinds, qualities and sizes of coal to which they are applicable.
c They shall be just and equitable as between producers within the district.
d They shall be just and equitable as between producers within the district
for any kind, quality or size of coal for shipment into any consuming market area.
e They shall not permit dumping.
Order No. 249 further directed that each schedule of proposed m inim u m prices submitted by the district boards should include the following clause:
N ote . The prices in this schedule are not the final minimum prices that will be estab lished on coal for shipment by code mem bers within this district into consuming markets o f this district. In the ultimate establishment of the effective minimum prices, pursuant to subsection b of Part II, Section 4 o f the Act, the minimum prices as proposed in such schedule, or as modified, are subject to such increase or decrease, respectively, as may be necessary to carry out the provisions of subsections a and b of Part n , Section 4 of the Act.

Order No. 250 directed each of the aforesaid District Boards to propose to the Commission reasonable rules and regulations incidental to the sale and distribution of coals by the code mem bers of their respective districts, such rules and regulations not to be incon sistent with the requirements of Section 4 of the Act and to conform to the standards of fair competition therein established. Said order directed said District Boards to transmit such pro posed rules and regulations to all code members in order that they would be afforded an opportunity of studying such proposed rules and regulations and o f protesting to any of such pro posals and to suggest whatever added rules or regulations such code mem bers deemed necessary to properly ef fectuate the purposes of Section 4 of the Act.
Upon receipt o f said orders by the several District Boards within Mini mum Price Areas 2, 3, 4 and 5, said District Boards, as directed in said orders, proceeded to propose such mini mum prices and marketing rules and regulations as in their judgment con formed to the requirements of said or ders. Schedules evidencing such pro posals were prepared by said District Boards and copies of same were trans mitted to each code member within the respective districts in order that such code members, after due consideration of said schedules, might present to their respective District Boards what ever objections, if any, they might have to said schedules, and in order that the respective District Boards, after due consideration of such objections, if any, might revise such schedules in such manner as, in their judgment, would better conform to the requirements of Orders No. 249 and No. 250, as issued by thé Commission, and to the require ments of Section 4 n a of the Act.
The schedules of minimum prices, as revised, together with the data upon which same were computed and the schedules of marketing rules and regu lations, together with the reasons sup-