grades thereof above the value fixed for such grades, defined as "run of mine," "prepared sizes," and "slack or screenings," in the Executive order of the President, dated August 21, 1917, and the various orders of the United States Fuel Administrator in modification of the prices originally fixed in said Executive order, and that an extra allowance should in some cases be permitted to those operators who adopt and apply such extraordinary, unusual, and special preparation to the coal produced by them,

The United States Fuel Administrator, acting under authority of an Executive order of the President of the United States, dated August 23, 1917, appointing said administrator, and in furtherance of the purpose of said order and of the act of Congress therein referred to and approved August 10, 1917, hereby makes and establishes the following regulation, effective upon and after April 1, 1918, until further or other order, and subject to modification hereafter from time to time and at any time:

REGULATION CONCERNING THE PRODUCTION OF PREPARED SIZES OF BITUMINOUS COAL, SPECIAL OR UNUSUAL METHODS OF PREPARING THE SAME, AND THE CONDITIONS UNDER WHICH INCREASED PRICES MAY BE CHARGED THEREFOR,

SECTION 1.

The terms "slack or screenings" as used in the President's Executive order of August 21, 1917, and in the orders of the United States Fuel Administrator, modifying the price of bituminous coal therein fixed, shall hereafter apply to and include only coal which has been passed through a screen with bars not less than three-quarters of an inch apart in the clear or perforated plates with holes not less than one inch in diameter The term "prepared sizes" as used in said orders shall hereafter include only coal which does not pass through a screen with bars not less than three-quarters of an inch apart in the clear or perforated plates with holes not less than one inch in diameter.

In districts where there are authorized prices for screenings and prepared sizes respectively, if the operator desiring to make fine coal passes it through a larger-sized screen than three-quarter inch bar or one-inch perforated plate, making what is commonly known and sold as “nut and slack combined," it is his option to do so, but, in that event, he shall not be entitled to charge more for such coal than ninety per cent of the mine-run price.

Slack or screenings, separated or screened through bar screens or perforated plates of any size so that not less than fifty-five per cent of the mine-run product goes through such screens or plates, may be sold at an increase in price, fixed by the producer thereof and reported by him to the United States Fuel Administrator, provided that such increasd price shall not exceed the applicable Government selling price per net ton for run of mine.

SECTION II.

PICKED, SPIRALIZED, AND WASHED COAL.- -When coal, in addition to being screened into sizes, has been picked upon tables or loading booms, or has been cleaned by means of spiral or other mechanical separators or washers, in such manner that the fuel value and the cost of preparation are substantially increased and the total output substantially decreased through removal of waste and impurities, said coal may be sold, but only for shipment loaded on board cars at the mine on or before July 31, 1918, at an increase in price of not to exceed twenty (20) cents per net ton above the applicable Government selling price at the date of shipment for the respective grades, defined as "run of mine" and "prepared sizes," that are actually picked, spiralized, or washed, if the producer thereof has, in the manner provided in Sections III and IV of this regulation, obtained a temporary permit for making such additional charge. In cases where the above maximum of twenty (20) cents is not sufficient, in the opinion of the United States Fuel Administrator, to compensate for this work a special temporary permit authorizing a larger increase to such amount and under such circumstances as the

United States Fuel Administrator may deem proper, may in the discretion of the United States Fuel Administrator be issued as hereinafter in sections III and IV provided. Such temporary permits may also include coal coming within the prescribed "slack or screenings" sizes where such coal has been prepared by special process which in the judgment of the Fuel Administrator justifies such an extra charge of not exceeding twenty (20) cents per net ton for such specially prepared "slack or screenings."

The privilege to charge a sum not exceeding twenty (20) cents (and any larger additional sum which may be authorized in special temporary permits) per ton authorized under this section, and all temporary permits therefor, shall expire at the close of business July 31, 1918. Operators desiring to avail themselves of the privilege to charge the additional sum of not exceeding twenty (20) cents per ton hereinbefore authorized in this section, shall immediately notify the Fuel Administration in writing of their desire so to do and obtain a temporary permit expiring at the close of business July 31, 1918.

On and after August 1, 1918, only such additional amount may be charged for the extraordinary preparation herein provided for as shall be specifically authorized by the United States Fuel Administrator and named in each new permit which may then be issued pursuant to the provision of Sections III and IV hereof in lieu of the temporary permit issued prior to, and expiring on, said July 31, 1918. Such additional amount allowed after August 1, 1918, shall be determined by the United States Fuel Administrator on review of the monthly reports required in Section VII hereof and of other facts and information deemed by him pertinent.

The Fuel Administrator reserves the right to limit, restrict, control, change, or determine the sum which any operator may charge hereunder and the mine practices to be observed by such operator as a basis for such charge, at any time after the effective date of this regulation.

SECTION III.

Any person, firm, or corporation desiring to obtain a permit under these regulations may do so by filing with the license section of the legal division of the United States Fuel Administration an application, in such form as the United States Fuel Administration may from time to time prescribe, which shall be signed by the applicant, or in case the applicant is a corporation, by its president or other duly authorized officer stating

(1) The number and location of mines owned by the concern at which machinery is now installed for the said extraordinary preparation of coal.

(2) A description of such machinery located at each of such mines, together with the date on which it was installed and the capacity per day of such machinery.

(3) The approximate amount of coal lost, or the reduction of ash or impurities, per ton by putting the same through such machinery or process.

(4) The market to which such prepared coal is shipped and the purpose for which it is used.

(5) A sworn itemized statement of the additional cost per ton incurred through special preparations.

(6) A statement as to what extent the applicant has been using such machinery during the six months prior to the date of such application.

(7) Amount of capital invested in plant which is used solely for special preparation. The application shall contain such additional information as may be from time to time required by the United States Fuel Administrator.

SECTION IV.

On receipt of a written application, as provided in Section III of this regulation, for authority to make an additional charge per net ton for coal specially prepared in the manner indicated in Section II, and to be sold and shipped by such applicant prior to

August 1, 1918, the United States Fuel Administraror may in his discretion issue a temporary permit authorizing the applicant to make such additional charge. All such temporary permits shall, unless earlier revoked or cancelled, terminate on July 31, 1918. On receipt of such an application for a permit to make an additional charge for coal specially prepared in the manner indicated in Section II and to be sold and shipped on or after August 1, 1918, the United States Fuel Administrator may in his discretion issue a permit to remain in force until revoked or canceled by him, but subject to modification from time to time, authorizing the applicant to add to the Government price applicable to the coal sold and shipped by such applicant, such sum per ton as may be determined by the United States Fuel Administrator upon consideration of the monthly reports required by Section VII of this regulation, and of such other facts and information as may to him seem pertinent. The sum so determined shall be specified in the permit issued by the United States Fuel Administrator hereunder, and shall not be exceeded except as he may from time to time authorize by modification thereof in the permit or by the issue of a new permit. Every such permit shall be in writing, signed by the United States Fuel Administrator, or by his duly authorized representative, and shall be subject at all times to revocation or cancellation by the United States Fuel Administrator and also to such terms, conditions, restrictions, provisions, and requirements, as may from time to time be prescribed by the United States Fuel Administrator.

SECTION V.

In shipping coal which has been specially cleaned and prepared and which, under the provisions of Sections II, III, and IV of this regulation, is sold at a price above the going Government price otherwise applicable thereto, the applicant shall bury in the coal in each car two white cards, twelve by fourteen inches in size, on which shall appear the following statement:

"This coal is produced by the ...... Company, and is specially cleaned and prepared, and by the authority of the United States Fuel Administrator, permit No.

$.

.....

......

the producer thereof is authorized to add to the going Government price of per ton for such coal the sum of ... cents per ton to cover the cost of such preparation;" and such cards shall also show the railroad car number and initial of the car in which they are placed.

SECTION VI.

The amount added to the price of all coal sold under the terms of this regulation, together with the number of the permit, shall be separately stated on each invoice.

SECTION VII.

Monthly reports shall be made to the United States Fuel Administration by each operator holding a permit to charge the additional amount for extraordinary preparation in accordance with the provisions hereof. Such reports shall be made upon such dates and in such form and shall contain such information as may be from time to time prescribed or required by the United States Fuel Administration.

SECTION VIII.

No retail dealer shall add to his retail price for coal sold to domestic consumers any part of the additional price which may be authorized to be added by coal producers to coal prepared by an extraordinary, unusual, and special process as outlined in Section II of this order, unless such retail dealer has first obtained from the United States Fuel Administration a permit to make such addition to his customary retail prices, and, if such permit is issued, such addition shall be made only to such extent and subject to such terms and restrictions as may be therein provided, and subject

at all times to change and revocation, by the United States Fuel Administrator. Application for such retail dealer's permit may be made to the license section of the legal division of the United States Fuel Administration in such form, and containing such information, as the United States Fuel Administration may from time to time prescribe, and shall be signed by the applicant, or by his duly authorized representative. Monthly reports shall be made by every retail dealer to whom such a permit may be issued upon such dates and in such form, and containing such information, as may be from time to time prescribed or required by the United States Fuel Administration.

SECTION IX.

Nothing in this regulation contained shall be construed in any manner whatsoever to relieve any operator from the obligation to exercise the highest degree of care in mining coal to the end that excess quantities of rock, slate, bone, sulphur, fire-clay, shale, or other ash-forming impurities shall be eliminated therefrom, nor from the obligation to prepare coal in such manner that the same would have been considered clean and merchantable under former normal market conditions existing prior to the present war, and no permit will be issued for any additional price to cover such normal and customary preparation; nor will permits under this regulation be issued to any operators who shall fail to establish to the satisfaction of the United States Fuel Administrator the adequacy of the extraordinary, unusual, and special preparation of the coal produced by them, to give to such coal a substantial additional value; nor will permits be issued to operators in fields where the cost of such extraordinary, unusual, and special preparation has been, in the opinion of the United States Fuel Administrator considered and included in fixing the Government prices allowable in such fields, except to such extent, if any, as the prices, so fixed, do not in the opinion of the United States Fuel Administrator provide, in the case of any special operator in any such field, for the extra additional cost incurred by him in such extraordinary, unusual, and special preparation.

The above regulation shall become effective April 1, 1918.

H. A. GARFIELD, United States Fuel Administrator.

Order of the United States Fuel Administrator of May 27, 1918, Effective June 1, 1918, Defining Slack or Screenings and Prepared Sizes.

WASHINGTON, D. C., May 27, 1918.

The United States Fuel Administrator, acting under authority of an Executive order of the President of the United States dated 23 August, 1917, appointing said Fuel Administrator, and of subsequent Executive orders, and in furtherance of the purpose of said orders and of the act of Congress therein referred to and approved August 10, 1917,

Hereby makes and establishes the following regulation, effective June 1, 1918, until further or other order and subject to modification hereafter from time to time and at any time:

REGULATION ESTABLISHING THE DEFINITION OF SLACK OR SCREENINGS AND PREPARED

SIZES.

SECTION I. Slack or screenings.-The term "slack or screenings" as used in the Executive order of the President dated August 21, 1917, and in the orders of the United States Fuel Administrator fixing prices for bituminous coal, shall, from and after the effective date of this regulation, apply to and include coal which, when loaded at the mine, passes through the accepted standard screens customarily used for making slack or screenings at such mine prior to January 1, 1916.

SEC. 11. Application for specific screen specifications or for modification of customary or current specifications as named in section I will receive consideration when made by consumers or producers in such form as the United States Fuel Administrator may from time to time prescribe.

SEC. III. Prepared sizes.-The term "prepared sizes" as used in the Executive order of the President dated August 21, 1917, and in the orders of the United States Fuel Administrator fixing prices of bituminous coal shall, on and after the effective date of this regulation, include only coal which when loaded at the mine passes over the screens specified in Section I for the district in which such coal is mined.

SEC. IV. The United States Fuel Administrator may, upon application from producers or consumers in any district, establish prices or any special size different from those specified in Sections I and III or for any mixture of sizes which special size or mixture is required for the proper distribution of coal from such district. The above regulation promulgated this 27th day of May, 1918.

H. A. GARFIELD. United States Fuel Administrator.

Order of the United States Fuel Administrator of May 27, 1918, Effective 7 a. m., June 1, 1918, Canceling the Order of Mar. 20, 1918, and Establishing New Regulations Relative to Special Methods of Cleaning and Preparing Bituminous Coal and Increased Prices for Coal so Prepared.

WASHINGTON, D. C., May 27, 1918. The United States Fuel Administrator, acting under authority of an Executive order of the President of the United States dated 23 August, 1917, appointing said Fuel Administrator, and of subsequent Executive orders, and in furtherance of the purpose of said orders and of the act of Congress therein referred to and approved August 10, 1917,

Hereby orders that the regulation dated March 20, 1918, effective April 1, 1918, and contained in Publication No. 20, entitled “Regulation Concerning the Production of Prepared Sizes of Bituminous Coal, Special or Unusual Methods of Preparing the Same, and the Conditions under which Increased Prices May be Charged Therefor," together with all permits issued under said regulation, be and the same hereby are in all respects canceled and revoked from and after 7 a. m. June 1, 1918,

And hereby makes and establishes the following regulation, effective June 1, 1918, at 7 a. m., until further or other order and subject to modification hereafter from time to time and at any time:

REGULATION CONCERNING SPECIAL METHODS OF CLEANING AND PREPARING BITUMINOUS COAL AND THE CONDITIONS UNDER WHICH INCREASED PRICES MAY BE CHARGED

THEREFOR.

SECTION I. Mechanical preparation.-No special allowance will be made for the ordinary method of cleaning or picking coal employed in any district, but a special allowance will be made for coal mechanically, washed or extraordinarily cleaned or picked in such manner that the fuel value of the coal has been substantially increased by the removal of waste and impurities. Such allowance will be specifically determined by the United States Fuel Administration and the reason for such allowance and the amount thereof will be set forth in a permit to be applied for and issued pursuant to the provisions of sections II, III, IV, and V hereof.

SEC. II. Any person, firm, or corporation desiring to obtain a permit under this regulation may file with the License Section, Legal Division, of the United States Fuel Administration an application in such form as the United States Fuel Adminis tration may from time to time prescribe.

SEC. III. On receipt of a written application, as provided in section II of this regulation, for authority to make an additional charge per net ton for coal specially