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2312

FEDERAL REGISTER, Thursday, June 8, 1939

on file at the Office of the Sec retary of the Commission, Washington, D. C., and which are by this reference incorporated herein and made a part hereof, and the Commission having de termined that the Marketing Rules and Regulations Incidental To The Sale And Distribution Of Coal Within The Do mestic Market As Described In The Bi tuminous Coal Act Of 1937 by Code Members Within Districts Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22 and 23, as the same are set forth in said Findings of Fact and Conclusions, are reasonable and nec essary, are not inconsistent with the re quirements of Section 4 of the Act, are in conformance with the standards of fair competition established by Section 4, II i of the Act, and are properly co ordinated in common consuming market areas on a fair competitive basis;
Now, therefore, pursuant to the pro visions of the Bituminous Coal Act of 1937, the National Bituminous Coal Commission hereby establishes and pre scribes the Marketing Rules and Regu lations Incidental To The Sale And Dis tribution Of Coal Within The Domestic Market As Described In The Bituminous Coal Act Of 1937 by Code Members Within Districts Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22 and 23, as the same are set forth in the Findings of Fact and Conclusions of the Commission, dated May 25, 1939, made and filed herein; said marketing rules and regulations shall be and be come effective coincidental with the ef fective date of the minimum prices for the sale of coal by code members to be hereafter established pursuant to the provisions of the Bituminous Coal Act of 1937.
The Secretary of the Commission is hereby directed to cause a copy of this Order, together with the aforesaid Find ings of Fact and Conclusions, to be published forthwith in the F ederal R eg is t e r ; and to cause copies of same to be mailed to the Secretary of each District Board, to the Consumers Counsel and to all parties who have entered their ap pearances herein; and shall cause copies thereof to be made available for inspec tion by all interested parties at the Office of the Secretary of the Commission, Washington, D. C., and at each of the Statistical Bureaus of the Commission;
and to cause copies of this Order to gether with copies of said Marketing Rules and Regulations to be mailed to all code members in each of the several districts.
By order of the Commission.
Dated this 25th day of May 1939.

C ode M embers W it h in D istrict N o s .

g An option is an offer to sell coal 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, acceptable within a time certain, during 14, 15, 16, 17, 18, 19, 20, 22, and 23.tx which time the offerer may not with draw the offer without the consent of Sec.
318.1 Definitions.
the offeree.
318.2 Sales agents.
h A commitment is the status of 318.3 Discounts.
318.4 Lim itation of orders, agreements, op a contract between the time a quota tions and quotations.
tion is accepted or an option is exercised 318.5 Spot orders.
and the time the contract is formally 318.6 Contracts.
reduced to writing.
318.7 Terms of paym ent.
i Coal Commission as used herein 318.8 Use of coal analyses.
318.9 Resale of coal refused in transit or shall mean the National Bituminous at destination.
Coal Commission established under the 318.10 Substandard preparation or quality.
provisions of the Bituminous Coal Act 318.11 Substitutions.
of 1937.
318.12 M iscellaneous.
318.13 Unfair m ethods of com petition.
j Act as used herein shall mean 318.14 Penalties.
the Bituminous Coal Act of 1937.
k District Board as used herein, 318.1 Definitions, a Tile term person as used herein, includes indi shall mean any District Board estab viduals, firms, associations, partnerships, lished under the provisions of Section 4
corporations, trusts, trustees, coopera Part I a of the Act.
l Statistical Bureau shall mean, tives, receivers and trustees in bank ruptcy and in other legal proceedings, unless otherwise specifically stated, the and any other recognized forms of busi Statistical Bureau of the Coal Commis sion for the District in which the coal ness organizations.
b A Sales Agent is a person who, involved in any transaction is produced, as agent of a Code Member and there or the District in which is located a fore without purchasing the coal sells mine of a Code Member affected by any coal produced by such Code Member for order or regulation.
m Minimum price shall mean a him or on his behalf: Provided, That the term Sales Agent shall not include an minimum price established and made individual herein referred to as a effective by the Coal Com m ission.
n Maximum price shall mean a salesman who is regularly and con tinuously employed by a Code Member, maximum price established and made and who regularly devotes the major effective by the Coal Com m ission, o The term producer includes all portion of his time to the solicitation of purchases of coal produced by his Code individuals, firms, associations, corpora tions, trustees, and receivers engaged in Member employer.
the business of mining coal.
c A commission is the total of all The terms reconsignment and/
compensations and allowances received or p diversion as used herein shall mean by a Sales Agent from a Code Member a change in the original consignee or in for services rendered in the sale of coal. the destination or route.
d A spot order is a legal obliga q The term transportation facili tion for the sale and purchase of coal, ties means railroad cars, vessels, trucks, the delivery of which is stipulated to be or any other facilities used or useful in made within not more than thirty 30 the transportation of coal.
days from the effective date of the order, r A "Code Member means a pro such effective date to be not more than ducer who has accepted and holds mem fifteen 15 days from the date upon bership in the Bituminous Coal Code which the order was accepted.
promulgated under the Bituminous Coal e A contract is a legal obligation Act of 1937.
for the sale and purchase of coal, the s Cargo shipment is a quantity of deliveries of which are stipulated to be coal loaded into a vessel for transporta made during a period longer than the tion via water.
maximum period specified for a spot t Bunker coal or vessel fuel is order.
that coal used aboard a vessel for con f A quotation is an offer to sell sumption thereon.
coal which the offerer may withdraw u The term control means the prior to its being acted upon by the possession, direct or indirect, of the offeree.
power to direct or cause the direction of the management and policies of a per 318.1 to 318.14, inclusive, issued under son, whether through the ownership of the authority contained in sec. 2 a , 50
voting securities, by contract, or other Stat. 72; 15 U.S.C., Sup. m , 827.
t i n 318.1 to 318.14, Inclusive, th e num wise.
bers to th e right of th e decimal point corre v A Distributor, as used herein, seal
F . W itcher M cC u llo u g h , spond w ith th e respective section numbers Secretary.
in th e rules or regulations of th e Commis means a person who has been registered sion, May 25, 1939.
with the Coal Commission as a Regis 1 Established and prescribed by an Order P art 318M arketing R u l e s and R egu entered in General Docket No. 15 on May tered Distributor, or to whom a Distribu lations I ncidental to the S ale and 25, 1939; to become effective coincidental tors Permit has been granted, pursuant D istr ibu tio n of C oal W it h in the D o w ith th e effective date of th e minim um to the rules and regulations established prices for th e sale of coal by code members m estic M arket as D escribed i n the to be hereafter established pursuant to the by the Coal Commission to require the maintenance and observance of the B it u m in o u s C oal A ct of 1937 b y Bitum inous Coal Act of 1937.