There is no provision for self-authorization for multiunit residential (apartment house) construction or for table I construction in M-4A.

Direction 1 to CMP Regulation 6 provides that after September 30 a prime contractor may continue construction that has been started or commence construction of multiunit residential structures (apartment houses) only by getting authorization after submitting Form CMP-4C to the appropriate field office of the Housing and Home Finance Agency.

Prior to that date he may continue or start such a project without authorization if his total requirements for controlled materials, including class A products, do not exceed the following amounts: Carbon steel, 25 tons; aluminum, alloy steel, and stainless steel, none; copper and copper-base alloys, 2,000 pounds. If such a project will require more than these amounts of materials and if it will be started before October 1, applications may be made to HHFA.

Construction of projects listed in table I in M-4 may not be started or continued without an authorization received after submission of both CMP-4C and NPAF-24A to the appropriate agency unless the total requirements of controlled materials, including class A products, are less than the following amounts: Carbon steel, 2 tons; aluminum, alloy steel, and stainless steel, none; copper and copper-base alloys, 200 pounds.

For construction of projects other than those in table I, or multi-unit residential structures, prior to October 1, construction may be commenced provided the materials used do not exceed the amounts allowed for self-authorization in Schedule I.

Prior to October 1, a prime contractor may continue construction already started on projects of this type by these methods:

(1) Without submitting an application if his total requirements after September 30 of each kind of controlled material for completing such a project, including material for class A products, do not exceed the amounts in Schedule I, or

(2) By submitting an application on Form CMP-4C for authorization to continue construction after September 30, and an allotment of controlled material, if his total requirements after September 30 of any kind of controlled material for completion of the project, including materials for class A products, exceed the amounts specified in Schedule A.

The method of using the self-authorization procedure for controlled materials up to the amounts provided for calls for the use of the following allotment symbols:

U-6 for industrial plants, factories or facilities.

U-7 for residential structures other than multi-unit ones.

U-8 for all other types of projects except table I and multi-unit residential. For self-authorizing orders for delivery of products or materials other than controlled materials, the rating DO with the appropriate allotment symbol may be used by persons authorized to use the procedure with controlled materials. However, DO ratings may not be used to procure either any construction machinery (as defined in NPA Order M-43), or metal working machines (as defined in NPA Crder M-41).

Every delivery order placed by a contractor under provisions of this direction must contain a certification.

A delivery order for controlled materials, designated according to the foregoing procedure, constitutes an authorized controlled material order. A construction project which may be erected with controlled materials obtained with the use of the approved allotment symbols, plus controlled materials properly contained in inventory, constitutes an authorized construction schedule for the purposes of all CMP regulations.

The direction contains definitions of "project," "residential structure" and "multi-residential structure."

DELEGATION 14 AMENDED: DELEGATION 7 REVOKED;

M-74 AMENDED; FORM NPAF-24A

These actions are all taken to make the respective provisions conform with the new construction regulations.

BACKGROUND INFORMATION

As originally adopted October 26, 1950, M-4 banned only the construction of new buildings for amusement, recreational or entertainment purposes.

At that time it was pointed out that the prohibited construction was "of a type which does not further the defense effort, either directly or indirectly, and does not increase the Nation's productive capacity."

The statement of policy contained in the order said: "In the event increasing material shortages clearly indicate the necessity for such action in the national interest, NPA may further limit the commencement of construction of additional types of projects which do not support the defense effort or increase the Nation's productive capacity."

In January 1951, NPA amended the construction order to establish a system under which virtually all new private commercial construction was made subject to specific NPA authorization.

At that time NPA said commercial construction generally would be authorized only when it (1) furthers the defense effort; (2) is essential to public health, welfare, or safety; or (3) will alleviate or prevent hardship to a particular community.

On May 3 NPA amended the construction order further to require authorization for construction of large apartment houses, luxury residences, and all industrial facilities and public and private construction projects requiring the use of more than 25 tons of steel.

On June 7 NPA delegated authority to eight Government agencies to process construction applications on projects within their jurisdictions.

On June 21 NPA issued CMP Regulation 6 to bring construction under provisions of the Controlled Materials Plan on a permissive basis. Minor amendments to M-4 were made on July 3.

Additional information may be obtained at Department of Commerce field offices.

(Attached are texts of Order M-4A, amendment to CMP Regulation 6, Direction 1 to Regulation 6, amendment to Delegation 14, revocation of M-4, revocation of Delegation 7 and a copy of form NPAF-24A.)

EXHIBIT 61

NPA CONSTRUCTION ORDER M-4A AS AMENDED AUGUST 20, 1951

M-4A AS AMENDED AUGUST 20, 1951

UNITED STATES DEPARTMENT OF COMMERCE

NATIONAL PRODUCTION AUTHORITY

TITLE 32A-NATIONAL DEFENSE APPENDIX

CHAPTER VI-NATIONAL PRODUCTION AUTHORITY, DEPARTMENT OF COMMERCE [NPA Order M-4A as Amended August 20, 1951]

M-4A-CONSTRUCTION

This order as amended is found necessary and appropriate to promote the national defense and is issued pursuant to the authority granted by section 101 of the Defense Production Act of 1950 as amended. In the formulation of this

order as amended, consultation with industry representatives was found to be impracticable due to the necessity for immediate action.

Sec.

1. What this order does.

2. Revocation of NPA Order M-4.

3. Definitions.

4. Commencing or continuing construction of buildings, structures, or projects listed in Table I.

5. Commencing or continuing construction of buildings, structures, or projects not listed in Table I.

6. How to obtain an authorized construction schedule and related allotments.

7. Use of copper and aluminum in construction.

8. Applications for adjustment or exception.

9. Exemptions.

10. Prohibited deliveries.

11. Scope of this order.

12. Communications.

13. Records and reports.

14. Violations.

Table I-Recreational, Entertainment, and Amusement Construction.
Table II-Agencies to Which Communications Should Be Directed.

AUTHORITY: Sections 1 to 14 issued under sec. 704, 64 Stat. 816, as amended; 50 U. S. C.

App. Sup. 2154. Interpret or apply sec. 101, 64 Stat. 799, as amended; 50 U. S. C. App. Sup. 2071, sec. 101, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105; 3 CFR, 1950 Supp.; sec. 2, E. O. 10200, Jan. 3, 1951, 16 F. R. 61.

82354-52-53

SECTION 1. What this order does. (a) This order supersedes NPA Order M→ (Construction); and, in its place, it provides new rules for limiting building construction and for limiting the use of certain building materials, in order to further the purposes of conserving critical materials and services required for the defense program. To accomplish these purposes, this order:

(1) Prohibits the commencement or continuing of construction of all types of buildings, structures, or projects which require the use of more than certain specified quantities of controlled materials, unless the prime contractor receives either an authorized construction schedule and related allotment under CMP Regulation No. 6, or is permitted to self-authorize his orders for the materials which he will use for the construction.

(2) Prohibits the use in construction of copper or aluminum for certain specified purposes.

(b) This order makes provision for the granting of adjustments or exceptions in cases of unreasonable hardship, or where required in the interest of the national defense or in the public interest.

SEC. 2. Revocation of NPA Order M-4. NPA Order M-4 as amended July 1, 1951, has been revoked. That revocation does not affect any liabilities for violation of NPA Order M-4, as amended from time to time, or for violation of any adjustments, exceptions, directions, directives, or other actions of the National Production Authority under it.

SEC. 3. Definitions. As used in this order:

(a) "Person" means any individual, corporation, partnership, association, or any other organized group of persons, and includes any agency of the United States or any other government.

(b) "Construction" means the erection of any building, structure, or project, or addition or extension thereto, or alteration thereof, through the incorporation-in-place on the site of materials which are to be an integral and permanent part of the building, structure, or project, but it does not include maintenance and repair.

(c) “Commence construction" means to incorporate into a building, structure, or project, a substantial quantity of materials which are to be an integral and permanent part of such building, structure, or project (for example, the pouring or placing of footings or other foundations). Fabrication, production, or processing of prefabricated buildings, building materials, building equipment, or personal property to be installed does not constitute commencement of construction.

(d) “Allotment" has the meaning as given in section 2 (p) of CMP Regulation No. 6.

(e) "Authorized construction schedule" has the meaning as given in section 2 (g) of CMP Regulation No. 6.

(f) "Controlled material" means steel, copper, and aluminum in the forms and shapes indicated in Schedule I of CMP Regulation No. 1.

(g) "Steel," "copper," and "aluminum" means steel, copper, and aluminum in the forms and shapes indicated in Schedule I of CMP Regulation No. 1.

(h) "Multiunit residential structure" has the meaning as given in section 2 (c) of Direction 1 of CMP Regulation No. 6.

SEC. 4. Commencing or continuing construction of buildings, structures, or projects listed in Table I. (a) No person shall commence construction of any building, structure, or project of a type specified in Table I of this order if completion of such building, structure, or project will require the use of more than 2 tons of carbon steel, or 200 pounds of copper, or any quantity of aluminum, alloy steel, or stainless steel. An adjustment or exception to permit the commencement of such construction may be granted under section 8 of this order. (b) After September 30, 1951, a person shall not continue construction that has been commenced of a building, structure, or project of a type listed in Table I of this order without receiving an adjustment or exception under section 8 of this order, unless his total requirements of each kind of controlled material for completion of such construction, including material for Class A products, do not exceed the following: Carbon steel, 2 tons; copper, 200 pounds; aluminum, alloy steel, stainless steel, none.

(c) Construction by, or for the account of, the Department of Defense or the Atomic Energy Commission is exempt from the provisions of this section. SEC. 5. Commencing or continuing construction of building, structures, or projects not listed in Table 1-(a) Commencing construction. (1) Prior to October 1, 1951, a person shall not commence construction of a multiunit residential structure if his total requirements of each kind of controlled material

for completion of such construction, including material for Class A products, exceeds the following: Carbon steel, 25 tons; copper, 2,000 pounds; alloy steel, stainless steel, and aluminum, none. A person who desires, prior to October 1, 1951, to commence construction of a multiunit residential structure requiring more than the amounts of controlled materials specified in this paragraph may request authorization to do so by submitting an application on Form CMP-4C to the Housing and Home Finance Agency, Washington 25, D. C.

(2) Prior to October 1, 1951, a person shall not commence construction of a building, structure, or project, other than a multiunit residential structure or one of a type listed on Table I of this order, unless his total requirements for delivery of each kind of controlled material after September 30, 1951, for completion of such construction, including material for Class A products, do not exceed the amounts specified in Schedule I of Direction 1 to CMP Regulation No. 6 for the appropriate type of construction. However, if a person has received an authorized construction schedule and related allotment prior to October 1, 1951, he may commence construction before that date in accordance with such authorized construction schedule.

(3) After September 30, 1951, no person shall commence construction of any building, structure, or project until he has received an authorized construction schedule and related allotment, unless his total requirements for delivery of each kind of controlled material after September 30, 1951, for completion of such construction do not exceed the amounts specified in Schedule I of Direction 1 to CMP Regulation No. 6 for the appropriate type of construction.

(b) Continuing construction. (1) Prior to October 1, 1951, a person shall not continue construction which has been commenced of a multiunit residential structure if his total requirements of each kind of controlled material for completion of such construction, including material for Class A products, exceed the following: Carbon steel, 25 tons; copper, 2,000 pounds; alloy steel, stainless steel, aluminum, none. A person who desires, prior to October 1, 1951, to continue construction which has been commenced of a multiunit residential structure requiring more than the amounts of controlled materials specified in this paragraph may request authorization to do so by submitting an application on Form CMP-4C to the Housing and Home Finance Agency, Washington 25, D. C. After September 30, 1951, a person shall not continue construction that has been commenced of a multiunit residential structure without receiving authorization pursuant to an application submitted on Form CMP-4C to the appropriate field office of the Housing and Home Finance Agency (as indicated on the instruction sheet to that form).

(2) A person shall not continue construction that has been commenced of any building, structure, or project, other than one of a type listed in Table I of this order or a multiunit residential structure, without submitting an application on Form CMP-4C, if his total requirements for delivery after September 30, 1951, of each kind of controlled material for completion of such construction, including material for Class A products, exceed the amounts specified in Schedule I of Direction 1 to CMP Regulation No. 6, for the appropriate type of construction indicated therein.

SEC. 6. How to obtain an authorized construction schedule and related allotment. The method of acquiring an authorized construction schedule and related allotment is set forth in CMP Regulation No. 6, which provides for submitting an application on Form CMP-4C. The instruction sheet to Form CMP-4C indicates where the application shall be filed, depending upon the type of construction involved. Further, provision is made in Direction 1 to CMP Regulation No. 6 for self-authorization by a prime contractor of his orders for certain specified quantities of controlled materials.

SEC. 7. Use of copper and aluminum in construction. No person shall use in or in connection with the construction of any building, structure, or project, any copper or aluminum controlled material (as defined in CMP Regulation No. 1) for decorative or ornamental purposes or use any aluminum (other than Class B products) for any purpose other than industrial construction, or use any copper controlled material to be fabricated, adapted, or fitted on the site of the construction for any of the following purposes:

Cement flooring and composition flooring (except that [crude arsenical] copper precipitate may be used for flooring in hospital operating and anesthesia rooms; for places where explosives are handled or stored, and for places where explosive vapors may be present).

Cornices.

Downspouts and accessories thereto.

Facias.

Gutters and accessories thereto.

I. P. S. waste nipples.

Leaders and accessories thereto.

Linoleum stripping.

Marquees.

Metal siding.

Moldings for joining cabinet sinks.

Pipe, iron pipe sizes, and fittings (except for industrial process piping and chemical and gas equipment; solder nipples, solder bushing, and ferrules; and special hospital plumbing fixtures), including unions and union fittings (except seats, and except for other parts of unions and union fittings (1) where and to the extent that the physical and chemical properties of the liquid or gas passing through the union or union fittings make the use of any other material dangerous or impractical, or (2) where the valve is of a type designed for use in an air-conditioning or refrigeration “system," or (3) where use of copper and tubing and/or brass pipe is permitted).

Roofing.

Store fronts.

Supply pipes, iron pipe sizes.

Terrazzo strips.

Tube, tubing, and fittings for piping systems in construction (except for type K for underground water service connections; types B, L, and M for domestic hot and cold water supply pipes, tank to oil burner hook-ups, interconnecting lines carrying primary or secondary refrigerant between compression equip ment and cooling coils, and oxygen lines; types B, K, L, and M for industrial process, food, chemical and gas equipment piping; and seamless tube carrying the actuating medium for air temperature control apparatus).

SEC. 8. Applications for adjustment or exception. (a) Any person affected by any provision of section 4 or 7 of this order may file a request for adjustment or exception upon the ground that such provision works an undue or exceptional hardship upon him not suffered generally by others in the same trade or industry, or that the enforcement against him would not be in the interest of the national defense or in the public interest. In examining requests for adjustment claiming that the public interest is prejudiced by the application of any provision of this order, consideration will be given to the requirements of the public health and safety, civilian defense, and dislocation of labor and resulting unemployment that would impair the defense program.

(b) To apply for and adjustment or exception from section 4 of this order, both Form NPAF-24A and Form CMP-4C shall be filed. The forms shall be filed with the National Production Authority, Washington 25, D. C., except in the following instances:

(1) An application for an adjustment or exception to permit the commencement or continuance of construction of a building, structure, or project of the type specified in Table I of this order, which is required as part of an integrated hospital program of the Veterans' Administration, shall be filed with the Veterans' Administration, Washington 25, D. C.

(2) An application for an adjustment or exception to permit the commencement or continuance of construction of a building, structure, or project of the type specified in Table I of this order, which is required as part of an integrated hospital program of the Federal Security Agency, shall be filed with the Federal Security Agency, Washington 25, D. C.

(3) An application for an adjustment or exception to permit the commencement or continuance of construction of a gymnasium which is to be part of a school plant, and is to be used primarily for instructional purposes in physical education and training, shall be filed with the Federal Security Agency, Washington 25, D. C. (The Federal Security Agency shall not authorize the commencement or continuance of construction of such a school gymnasium if it provides for spectator seating).

(c) In determining whether an adjustment or exception should be granted under paragraph (b) of this section, the agency processing the application will consider whether the applicant has properly contained in his inventory, as provided for in CMP Regulation No. 2, controlled materials in a quantity sufficient to complete the proposed building, structure, or project.

(d) Each request for an adjustment or exception from the provision of section 7 of this order shall be made by filing Form NPAF-24A with the National Pro