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F E D E R A L R E G I S T E R , W ednesday, Ju ly 22, 1942

5590

FEDERAIMREGISTER
Published dally, except Sundays, Mondays, and days following legal holidays by the Division of the Federal Register, The National Archives, pursuant to the authority con tained in the Federal Register Act, approved July 26, 1935 49 Stat. 500, under regula tions prescribed by the Administrative Com mittee, approved by the President.
The Administrative Committee consists of the 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 $1.25 per month or $12.50 per year, payable in advance. Remit money or der payable to the Superintendent of Docu ments directly to the Government Printing Office, Washington, D. C. The charge for single copies minimum, lOtf varies in pro portion to the size of the issue.

CONTENTS Continued C ivil A eronautics B oard:
Pan American Airways, Inc., hearing postponed-----------

Pag 5624

I nterstate C ommerce C ommis
sio n :
Contract carriers; adjustment of conflict between General Maximum Price Regulation and minimum rate schedu les ________________________
M otor carriers; use of lighting devices in coastal areas___1

5624

W age and H our D iv is io n :
Learner employment certificates, issuance to various indus tries______________ __________

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any provision relating to home work;
and Whereas after notices published in the F ederal R egister on November 18, 1941, December 30, 1941, January 20, 1942, and February 11, 1942, M ajor Robert N.
Campbell, the presiding officer desig nated by the Administrator, held a pub lic hearing for the purpose of taking fur ther evidence on the question of prohibi tion, restriction or regulation of home work under the wage order approving and carrying into effect the recommen dation of Industry Committee No. 27 for the W om ens Apparel Industry, at New Y ork City, New Y ork on March 5 and 6, 1942, at which all interested persons were given an opportunity to be heard;
and Whereas the complete record of the proceeding before the presiding officer has been transmitted to the Administra tor; and Whereas after notice published in the F ederal R egister on April 7, 1942, an nouncing that all persons who appeared at the hearing held on March 5 and 6, 1942, were given leave to file briefs with the Administrator, and that the Adm in istrator would hear oral argument upon
the complete record of said hearing, the Administrator heard the oral argument o f all such persons as had made ap pearance at said hearing and were de sirous of being heard, on April 27, 1942, New York City, New York; and Whereas, the Administrator upon re viewing all the evidence adduced in this proceeding and giving consideration to the provisions of the Act with special re f erence to section 8 f , which provides as follows;
Orders issued under this section shall
contain such terms and conditions as the Administrator finds necessary to carry out the purposes of such orders, to prevent the cir cumvention or evasion thereof, and to safe guard the minimum wage rates established.
therein ;

has concluded that it is necessary to in
clude terms and conditions in the abovementioned wage order for the W om ens Apparel Industry with respect to indus trial home work to carry out the purpose o f such order to prevent the circumven tion or evasion thereof and to safeguard the minimum wage rate established therein; and Whereas, the Administrator has set forth his decision in an opinion entitled Findings and Opinion o f the Adminis trator in the M atter of Industrial Home W ork in the Womens Apparel Industry dated this day, a copy of which may be had upon request addressed to the W age and Hour Division, United States Depart ment o f Labor, 1560 Broadway, New Y ork City, New York;
Now, therefore, it is ordered that Part 605 o f Chapter V, T itle 29, Code o f Fed eral Regulations is hereby amended so as to include the following section, to be designated as 605.7:
605.7 R estriction of home work. No work in the W om ens Apparel Industry, as defined in 605.4 and 605.5,1 P art 605, Chapter V, T itle 29, Code of Federal Regulations, shall be done in or about a home, apartment, tenement, or room in a residential establishment, after Novem
ber 30, 1942, except by such persons as have obtained special home work certifi cates issued pursuant to applicable regu lations of the W age and Hour Division, authorizing industrial home work by any worker who was engaged in industrial home work in the W omens Apparel In
dustry prior to March 5,1942, or is at any time engaged in such industrial home work under the supervision of a State Vocational Rehabilitation Agency or of a Sheltered W ork Shop, as defined in 525.1, P art 525, Chapter V, Title 29, Code of Federal Regulations, and who is unable to adjust to factory work because o f age or physical or mental disability or is unable to leave because his presence is required to care fo r an invalid in the home.
This amendment shall become effective December 1, 1942.
Signed at New York, New York, this 8th day o f July 1942.
L. M etcalfe W alling , Adm inistrator.
F. R. Doc. 42-6919; Filed, July 21, 1942;
10:36 a. m.

6 F.B. 4701.

P art 605 M in im um W age R ate in W omens A pparel I ndustry
the
EMPLOYMENT OF HOME WORKERS

Whereas section 8 f of the Fair Labor Standards Act of 1938 provides as fol lows:
Orders issued under this section shall contain such terms and conditions as the Administrator finds necessary to carry out the purposes of such orders, to prevent the circumvention or evasion thereof, and to safeguard the minimum wage rates estab lished therein.

And whereas 605.7 of the wage order for the W om ens Apparel Industry issued pursuant to section 8 f of the Act pro vides as follows:
No work in the Womens Apparel Industry, as defined herein, shall be done in or about a home, apartment, tenement, or room in a residential establishment after November 30, 1942, except by such persons as have obtained special home work certificates is sued pursuant to applicable regulations of the Wage and Hour Division, authorizing industrial home work by any worker who was engaged in industrial home work in the Womens Apparel Industry prior to March 6, 1942, or is at any time engaged in such indus trial home work under the supervision of a State Vocational Rehabilitation Agency or of a Sheltered Workshop as defined in 525.1, Part 525, Chapter V, Title 29, Code of Federal Regulations, and is unable to adjust to fac tory work because of age or physical or mental disability or is unable to leave home because his presence is required to care for an invalid in the home.

And whereas section 11 c of the Act provides as follows:
Every employer subject to any provision of this Act or of any order issued under this Act shall make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him, and shall preserve such records for such pe riods of time, and shall make such reports therefrom to the Administrator as he shall prescribe by regulation or order as necessary or appropriate for the enforcement of the provisions of this Act or the regulations or orders thereunder.

Now, therefore, the following regula tions are hereby issued. These regula tions shall become effective on December 1, 1942, and shall be in force and effect until repealed or modified by regulations hereafter made and published.
A u t h o r it y : 605.100 to 605.112, inclusive, issued under 52 Stat. 1065, 1066; 29 U.S.C.
208, 211; 605.7 infra.

605.100 Effective date. The follow ing r e g u l a t i o n s , 605.100-605.112
inclusive, Chapter V, Title 29, Code of Federal Regulations, applicable to the employment of industrial home workers in the W om ens Apparel Industry are hereby issued pursuant to sections 8 f and 11 c o f the Fair Labor Standards Act of 1938, and 605.7, Part 605, Chap ter V, T itle 29, Code of Federal Regula tions. These regulations shall become effective December 1, 1942, and shall be in force and effect until repealed or modified by regulations hereafter made and published.
605.101
Definitions.
As used In these regulations, the term industrial home work means the production by