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FEDERAL REGISTER, Friday, September 22, 1939

4016
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FERERASilé REGISTER
Published by the Division of the Federal Register, The National Archives, pursuant to the authority contained in th e Federal Register Act, approved July 26, 1935 49
Stat. L. 500, under regulations prescribed by the Administrative Committee, with the approval of the President.
The Administrative Committee consists of th e Archivist or Acting Archivist, an officer of the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public Printer.
The daily issue of the F ederal R egister will be furnished by mail to subscribers, free of postage, for $1 per month or $10 per year;
single copies 10 cents each; payable in ad vance. Remit by money order payable to Superintendent of Documents, Government Printing Office, Washington, D. C.
Correspondence concerning the publica tion of the F ederal R egister should be ad dressed to the Director, Division of the Federal Register, The National Archives, Washington, D. C.

CONTENTSContinued Securities and Exchange Commis sionContinued.
Page Safety Car Heating and Light Co., Inc. Del., application denied_________________ 4021
be followed within the agency in the en forcement of the Act and State labor laws.
c. A description 1 of the manner in which investigations and inspections under the Act will be coordinated with the investigations and inspections for enforcement of State, child-labor, max imum-hour and minimum-wage laws and regulations; 2 of the location of offices of the administrative division des ignated to make inspections under the Act, with the job titles of employees lo cated in each such office and employees assigned to work in connection with the Act so designated; and 3 of the manner in which the work of inspectors will be supervised.
d. Provisions for the establishment and maintenance of personnel adminis tration, with respect to personnel en gaged in work under the Act forthe Di vision and the Bureau in accordance with the following standards:
1 Job classifications based upon an analysis of the duties and responsibilities of positions;
2 A compensation schedule adjusted to State salary schedules for similar po sitions; provided, however, that all sal aries paid by the State for services ren dered in accordance with an Agreement entered into pursuant to Section 2 shall be on the basis of applicable State laws or regulations, or in the absence of such applicable laiys or regulations, on the
approved and usual scale paid by the State for similar services and shall in no case exceed salaries paid for compar able Federal positions in the competitive classified service. Allowances for neces sary traveling expenses shall be on the basis of State laws and regulations gov erning travel allowances;
3 Assignment of personnel to Fed eral work only when, their qualifications conform substantially with qualifications of Federal employees engaged in similar work, such assignment to be made only after submission to and approval by the Division and the Bureau of a statement of the training and experience of each person who will engage in Federal work;
4 Appointment of new personnel on the basis of merit, either a from lists of eligible persons certified in the order of merit, secured under a merit system through State-wide competitive exami nations which prescribe requirements of training and experience in substantial conformity with Federal civil service requirements for similar positions or b from lists taken from Federal registers established through competitive exami nations for similar positions, it being understood that such registers may be broken down by States;
5 Adequate training of staff;
6 Promotion on the basis of qualifi cations and performance;
7 Security of tenure assured satis factory employees, including right of notice and hearing prior to demotion or dismissal;
8 Prohibition against employees en gaging in political activities other than the exercise of their right to vote and to express privately ,their opinions on polit ical questions.
e. A budget which shall show, in detail, estimated expenditures by the State agency on behalf of the Division and the Bureau for services to be rendered in connection with the administration of the Act and a budget which shall show estimated expenditure for the enforce ment of comparable State laws and regu lations during the period covered by the Agreement; a statement showing funds appropriated to or allocated for meet ing the budget for estimated State ex penditures; and a statement showing expenditures by the State agency for the enforcement of comparable State laws and regulations during the last fiscal year.
f. A statement of State requirements in regard to fiscal practices and to ap pointment of personnel, together with copies of the laws and regulations setting forth such requirements.
g. A statement from the Attorney Gen eral of the State, or, if the Attorney General is not authorized to make such a statement, from the State official who is so authorized, certifying that the State agency has authority to enter into an Agreement with the Division and the B u r e a u , in accordance with this Regulation.

S ec. 5. Additional requirements, .
The State agency shall follow the pro cedure set forth in the Inspection Man ual for the enforcement of the Act and such supplements to or provisions there of as may be issued from time to time by the Division or the Bureau; use offi cial forms for recording findings; make reports as required; and carry on the work connected with the administration of the Act in conformity With the plans and budget agreed upon and with the instructions and policies of the Division and the Bureau.
b. Representatives of the Division and the Bureau may at any time, upon noti fying the State agency, make such in spections and investigations and secure such information as may be necessary for the administration of the Act.
S ec. 6. Audits. The accounting rec ords and the supporting data pertaining to expenditures for investigations and in spections under the Act shall be subject to audit by the Division and the Bureau annually, or so often as the Adminis trator and the Chief of the Bureau may require.
S ec. 7. Transmission of official mail.
Subject to the requirements of law and of the regulations of the Post Office De partment, franked self-addressed enve lopes may be used for communications from the field staff to a State official des ignated by the Division and the Bureau, and for communication from the State agency to the Division or the Bureau.
S ec. 8. Litigation. All litigation relat ing to the enforcement of the Act, other than civil actions for the recovery of wages due instituted pursuant to section 16 b of the Act, shall be undertaken by and be under the direction and con trol of the Federal Government. Any State agency intending to institute a civil action in behalf of an employee or employees for the recovery of wages due, pursuant to section 16 b of the Act, shall notify the Division prior to the in stitution of such action.
S ec. 9. Agreements and approved plans incorporated therein may be amended upon the consent of the parties thereto.
S ec. 10. Amendments and repeal. This Regulation may be amended or repealed by appropriate regulations issued by the Administrator and the Chief of the Bureau: Provided, however, That no such amendment or repeal shall be ef fective as to any Agreement previously entered into by a State agency without its consent thereto.
seal
E lmer F. Andrews,
Administrator, Wage and Hour Division K atharine F. L enroot,
Chief of the Childrens Bureau.
Date, September 21, 1939.
F rances P erkins ,
Secretary of Labor.
F. R. Doc. 39-3484; Filed, September 21, 1939; 12:40 p.m.