Citation
Code of fair competition for the petroleum industry as submitted to the Administrator and approved by President Roosevelt on August 19, 1933

Material Information

Title:
Code of fair competition for the petroleum industry as submitted to the Administrator and approved by President Roosevelt on August 19, 1933
Portion of title:
Petroleum industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
25 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Petroleum industry and trade -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 711-1-21."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004942688 ( ALEPH )
63654876 ( OCLC )

Full Text

UINIV. OF FL UBI.





UJ.S. DEPOS'ITOP
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933


For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


PETROLEUM INDUSTRY

AS SUBMITTED TO THE ADMINISTRATOR AND
APPROVED BY' PRESIDENT ROOSEVELT
ON AUG UST 19, 1933




REGISTRY' No. 711-1-21


WE DO OUR PART



























1. Executive Order
2. Letter submitting code to the President
3. President's L;etter to National Recovery Administrator Johnson
4. Trext of Code

















EXECUTIVE ORDER
CODE OF ]FAIR COMPETITION FOR THE: PETROLEUM INDUSTRY
An application. having been duly made, pur~sunnt to and in full comz-
pliance with the provisions of Title I of the National Industrial Re-
covery- Act, approved June 16, 1933, for my approval of a Code of
1Fair Competition for the Petroleum Industry, and hearings having
been held thereon and the Aldministrator having rendered his report
together with his recommendations and findings with respect ftheeto,
and the Administrator having found that the said Code? of Fair Com~-
petition complies in all respects with the pertinent provisions of Title
I of said Act and that the requirements of clauses (1) and (2) of sub-
section (a) of Section. 3 of th~e said Act have beent m~et:
Now, Trherefore, I, Franklin D). Roosevelt, President of the United
States, pursuant to the authority vested in me by Tit~let I of the Na-
tional Recovery Act, approv-ed June 16, 1933, and otherwise, do adopt~
and approve the report, recommendations, and findings of theAd
ministrator and do order that the said Code of Fair Competition be
and it is hereby approved.
(Signed) FRANKLIN D. REOOSEVE1LT.
Approval ]Recommended:
(Signed) HUGVH S. JOHNSON,
Administrator.
THE WHITE HOUSE,
August 19, 1988.























THE WHITE HO0088
August 19, 1938.
THE AD)MINISTRATOR,
National Recovery Administrator,
W~ashington, D.C.
DEAR GENERAL JOHNSON: In submitting this proposed pt~froleum code to me,
one substantial group within the industry has also submitted some proposed
amendments asreeing, however, to abide by m~y decision as to their acceptance.
You have advised me that there are somae other provisions of the Code which
require further consideration.
The Code, as agreed to by all its proponents, provides for a representative
Planning and Coordinating Committee of the Industry. In viewn of the fact
that we shall thus soon have a self'-governing industry under federal sulpervision it
has seemed advisable to me to ap~prov\e the Code exactly as submitted inl the usual
manner and then to call for the advice of the Planning and Coord~inating Com-
m~ittee to the end that, prior to the effctive! date of the Code, I may made a
decision. on3 these questions and on the provisions which you feel shoulld be fulrther
considered.
In accordance writh Article VII, Section. 2, will you please reqruest each of the
various groups wvho have participated in hearings anld in subsequent consideration
of the Code, now to make the nominations for membership on the Planninlg and
Coordtinating Committee.
Very truly,
FRANKLIN D). RtOOBEVELT.



























NATIONAL RECOVERY ADMINISTRATION,
Washington, D.C., August Nineteenth 1988.
THE PRESIDENT,
The ~While House.
Mr DEAR MR. PRESIDENT: I have the honor to submit and recommend for your
approval, the Code of F'air Competition of the Petroleumz Industry. The Code
has been approved by the Labor Advisory Board, the Consumers Advisory
Board anzd the Industrial Advisory Board.
An analysis of the provisions of the Code has been made by the Administration
and a complete report is being formulated for transmission to you. I find that
the Code complies wclith the requirements of clauses 1 and 2, subsection (a) of
Section 3 of the National Industrial Recovery Act.
I am, my dear Mr. President,
Very sincerely yours,
(Signed) HUGoH S. JoHNson,
Administrator.
Enclosure.
(3)











































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Ai CODE OF FAIR COMPETITION FOR THIE ]PETROLEUM
INDUSTRY
PREAMBLE
T'o mneet the emergency in the petroleumn industry; to increase
employment, establish fair and adequate wages, enlarge the purchats-
ing power of persons related to this industry and improve standards
iof labor; to conserve the Nation's petroleumn resources and to prevpent
physical and economic wastes whiich demoralize the national market
~to the detriment of consumers anzd producers antd to restrain and
.avoid recurrinlg abuses in. the production, transportation and market-
~ing of petroleum and its products which directly obstruct the free
~flow of interstate and foreign commerce by causing abnormal and
disturbing temporary fluctuations inr the supply of petroleum or its
products that are not responsive to actual demand and prices and
disrupt the normal flow of interstate commerce mn petroleum and its
products; and to prevent the growth of monopoly resulting from unr-
ai copeitie practices; and to protect the Nation from an unneces-
sarly asefu dpletion of this natural resource essential for the
national defense and safety and the continued functioning of the
~Nationl's transportation facilities that are dependents for operation onl
lan adequate and economic supply of petroleum and its products and
to accomplish and effectuate the policies set forthz in the National
Industrial Recovery Act, this code of fair competition governing the
petroleuml industry is adopted.
ARTICLE 1--GIENERAL
SECTION 1. The provisions of this code shall become effective twro
weeks after approval thereof by the President.
SEc. 2. The term "American ]Petroleumr Industry" includes the pro-
ductionl, transportation, refining, and marketing of crude petroleumr
cand its products; and is inclusive lik~ewise of natural gasoline and the
~production of natural gas in conjunction with petroleum~. The term
personon" shall include! natural persons, partnerships, associations,
trusts, including trustees in bankruptcy and receivers and corpora-
-tions. The word "President shall mnean either the President or any
.agent, employee, or agency empowered by the President to act in his
stead.
SEc. 3. Such of the provisions of this code as are not required to be
included therein byT the National Recovery Act, maty, wTith the
approval of the President., be modified or eliminated as changes mn exr-
-cumstancess and experience may indicate.
SEC. 4. 11118 code is herebyT declared subject to the right of the
President, from time to time to cancel or modiify any order, approval,
license, rule, or regulation issued under T~itle I of the ~Nationlal Indus-
trial Rtecovery Act.








SEc. 5. Agreements between competitors within the industry or
the purpose of accomplishing the object~ives of this code, or any of
them, or for the purpose of eliminating wasteful duplication of manu-
facturinlg, transportatioon, and marketing facilities are hereby ex-
pressly permitted, but such agreements shall not become. operative
until specifically approved by- the Pre~sident, andr suitable public
notice shal havpe been giv-en of such, agreements. Such agreements
may at any tim~e be disapproved by the Presidenrt and upon such dis-
approval they shall cease to be valid.

ARTICLE II:

SECTION 1. In drilling, production, refinery and pipe-line opera-
tionls, the m~axim~um hours for clerical employees shall nzot exceed 40
per weeki and the rate of pay for each geographic. division shall not
be less than the minimum stated in Section 2. All other employees
in these operations, except executives, supervisors, and their ime-
diate staffs and pumpers on "'stripper"' wells located so as t~o make
relief impracticable, shall work nrot more than 72 hours in any 14 con-
secutive days, but nzot more than. 16 hours in any twro da~ys.
To establish geographic divsions for the petroleumr industry, the
geographic divisions as shown by thie Unit~ed St~ates D~epartment of
Labor, Bureau of Labor Statistics wage reports (October 1929) have
been adopted. Th']e minimum hourly rates for the employees above
specified, other thaan clerical, in each of these geographic divisions
shall be as follows:
M'linimum rate
Middle Atlantic D~ivision: per hor~ (cents)
New `York, New Jersey, Pennsylvania. _-- --,_----- ,,----------- 52
New England:
Maine, New H~ampshire, 'Vermnont, Rhode Island, Massachuset. Con-
necticut __---- _ .............. ... .... 52
East North Central:
Ohio, Indiana, Illinois, Michigan, W~isconsin_,,,, --,-............... 52
West North Central:
Mlinne~sota, Iowa, M~issouri, North Dakota, South Dakota, NTebraska,
K~ansas ..... .. .. .. .... .. ..... ....... 48
South Atlantic:
Dlelaware3, RInryland, District of Columbia, Virginia, West Virginia,
North Carolina,' South Carolina,' Georgia,' Florida ...... ......., 45
East South Central:
K~entuckry, Tennessee, Alabarna,' Mississippi ',... ....... .......... 45
West South Central:
Arkansas,' Louisianra, Oklahomoa, Texas ', _.........,- 48
Mountain:
Montanta, Idaho, Wyoming, Colorado, Nenw M/exico, Arisons, Nevada,
U ~tah .. .. .. .. .... .. .... .... 50
Pacific:
W~ashington, Or~egon, Californiza...,-- ,-------- ..................... 52
SEc. 2. In market operations al employees (other than those em-
ployed inl filling or service? stations, garaes, or other institutions which
sell gasoline to the public) including cleriall, but excluding executives,
supervisors and their immediate staff, and outside salesmen shall
work not more than 40 hours per weeki. T~he minimum rates for such
employees in each of t~he geographic divisions above specified shall be
as follows:
I For reiHnery andl pipe-line work: in States so markedl, not mor than ten percent, constitutinff common
labo only,. of the toldl number of emnployvees in any pnlan or opertio n may tre paid at not less than 80 per-
cent of thi's minimum rate.







Miniimum rate
IMiddle Atlantic D~ivision: per hocr (cents)
N~ewf York, N~ew Jersey, 1Pennsylvania _____ ...._ .. .. .._- 47
N~ew England:
Mlaine, New- Hampshire, Vlermont, Rhode Island, Massachusetts, Con-
necticut__..- .-- -------- .__-------- ___ 47
East North Central:
Ohio, Indiana, Michigan, W~isconsin, Illinois ____ ._____ 47
'West North Central:
Minnesota, Iowa, M~issouri, North Dakota, Sout~h Dakota, Nebraska,
Kansas ___._ 42
South Atlantic:
D~elaware, Marylandc, District of Columnbia, Virginia, Wetst V~irg~inia?
North C~arolina,a South Carolina,2 Georgisa, Florida 2_ ..___- 40
East South Central:
K~entucky, Tennlessee, Alabamna,2 Mlississippi2..... __ .. ...___, 40
West South Central:
Arkansas," Louisiana,2 Oklahoma, Texars 2_,-_... ____ ... ..... 40
Mountain:
Montana, Idaho, W;yomaing, Colorado, New Mexico, Arizona, Nevada,
U tah ____ _. .. 45
Pacific:
Washington, Oregon, California ____________ 47
SEc. 3. ]No filling or service station employee, nor any employee of
any garage or other institution selling gasoline to the public shall
w~orki more than 48 hours per week. NIor shall anly such employee
receive less than $15.00 per week in any city of over 500,000 popula-
tion or in the imm~ediate trade area of such city; nor less than $14.50
per wueek in any city between 250,000 and 500,000 population, or in
the immediat~e trade area of such city; nor less than $14,00 per week
in anyg city of between 2,500 and 250,000 population, or in the imme-
diate trade area of such, city; and in towns of less than 2,500 popula-
tion such employees shall receive wage increases of not less than 20
percent: ProL1ided, That this shall not require wages in excess of $1'2.00
per week: And provided further, That no employee shall receive a
smaller weekly wage for the shorter work week than was his weekly
wage on July 20, 1933.
SEc. 4. It is the purpose of the labor provisions of this code that
all employees engaged in similar work: in each. of thae geographic divi-
sions shall be placed on the same basis of hours and receive at least
the minrimumn earnings provided for each class of work in the industry.
To effect~uate this purpose, the diflferenltials between, the rates for
skilled jobs and the minimums established in this code for common
labor will not be less than those existing in the industry in each geo-
graphic area on July 1, 1929; but in no case wil such differential for
First grade re finely y stillmen be less than 45p per hour or for rotary
drillers less than 75~ per hour.
SEc. 5. 'Every- person. subject to this code shatll insert a provision
in all contracts made by him for work within the industry, whereby
the contractor agrees that his emlployees, or those of any subcont~rac-
tor, shall receive the rates designated by this Code for each respective
class of wlork and shall not work in excess of the schedule of hours in
this Code.
SEC. 6. On1 and after the effective date of this Code the employer
in the Petroleuml Industry shall not employ any person under the age
of sixteen years.
rrFor market operations in States so moarked, not more than 10 percent, c~onstituting common labor only,
of the total number of employees in any plant or operation may be paid at not less thban 610 percent of this
mi~nimm rate.
8906--833-2







S~c. 7. Employees ini this industry shal have t~he right to organize
anld bargain collectively through represent tati ves of their owrn choosing,
and shall be free from interference, restraint., or coercion by em-
ploy-ers of labor, or their agents, in the designation of such representa-
tives or in self-organlizationl, or in other concerted atctiit~ies for t~he-
purpose of collective bargaining or other mlut~ual aid or protection.
No employee in this industry, and no one seeking employment therein
shall be required as a condition of employmlentl to join any company
union or to refrain from joining a labor organization of his own.
choosing. Emlployers of labor in this industry shall comply with. the
maximum hours of labor, minimum rates of pay, and other conditions
of employment approved or prescribed b~y thze President.
SEC. 8. The provisions of this Code regulating hours o~f labor and
wages of employees, shall be deemed violated by any device or method
by which emnploy-ees, as recognized in the industry on July7~ Ist, 1933,
are or are attempted to be removed from such present recognized
status of employees by means of drilling contracts, commission con-
tracts, lease and agency, or anyS other a~greemlent..
ARTICLE III-PRODUCTION
SECTION 1. The Pr~esidlent is herebyr requested, after such investi--
gation and hearing as is prescribed by, and subject to the limitations
contained in, Title 1 of the Niational Industrial Recovery Act, to
limit imports of crude petroleum, and pe tro~leumlr prod uc ts for domestic
consumption, to volumes bearing such ratio to the estimated volume
of domestic production as will effectuate? the purposes of this Code
and the Niational Industrial RecoveryI Act.
SEc. 2. WCithdrawalBs of crude oil from~n storage shall be subject tol
approval by the Planning and Coordination Comlmit tee but for the
re~mainde~r of 1933 sha~ll be, limited? in t~he, aggrrrrregte to- a~n average not
in excess of 100,000 barrels daily. Additions to storage beyond the;
necessalry limits of fluc~tua~t~ions in woc-rking stocks shall, be made only
with the approval of the Planning and Coordinating Committee.
SEC. 3. Required production of crude oil t~o balance consumer
demand for petroleum products shall be estimated at intervals by a,
Federal Agency designated by the President. In estimating such
required production, due account shall be taken of probable w-ith-
drawals from storage and of anticipated imports. The required pro--
ductionJ shall be equitably allocated among the several States by the
Federal Agency. The e~stimlates of required production an the-
allocations amngii the States shall be submitted to the President for
approvalR, and, when approved by him, shall be deemed to be the net
reasonable market demand, and may be so certified by the lFederal
Agencyr. T'he allo~cations wvhen approved by the Presldent shall be
reconunien dedct as the operating scheduled for the producing States and
for t~he idrulust ry. In. any States where oil is prolduced on account, of"
back allowables, t.ot.al current allowat-bles shatllbe, reduced accordingly.
SEC. 4. The subhdivision into pool and/l;or lease and/or well quotas
of the production nllocated to each Sittat is to be mlade w.ithin the
State. SEhoulld such quotas Allocat~ in conlformty wcit~h the ~pron-i
smnsi~ of this section not h~e madne within the Sitate or if the pro~due-
tioni of petro~leum1 with~ii any SCtate eCees~' the quotafi allocated to
said itate, the ]Presidcnt, ma1y regulatef the shlipmen~lt of petroleuml or-







pet~roleumn products in or affecting interstate commerce out of saidl
State to the extent necessary to effectuate the purposes of the National
Indulstrial Recovery Act and/or he may compile such quotas and
recommend them. to the State Regulatory~ Body inl such State in
which event it is hereby agreed that such quotas shall becomee opera-
ting schedules for that State.
If any subdivision into qulotas of production allocated to any State
shall be made within a State any production by any person, as person
is defined in Article I, Section. 3 of this code in excess of any such
quotat assigned to him, shall be deemed an unfair trade practice and
in violation of this code.
SIEc. 5. In any State in whaichn no regulatory body or officer charged
with the du~ty of allocating quotas within said State exists, and under
thze laws of which any person in any trade or industry within said
State is required to comply with the terms of anly Code of Fair Com-
petition for such trade or industry approved under Tlitle I of the
National Industrial Recovery Act, the President may designate an
agency within suchC State to compile quotas writhin said State. Such
compilations, upon approval by the President shall become operating
schedules for the petroleum industry within said State. If anly sub-
division in~to quotas of production allocated to any such State shall
be made within the State, any production by anyv person, as person
is defined in Article I, Section 3 of this code in excess of any such
quota assigned to him shall be deemed an unfair trade practice and
in violation of this code; an~d, further, persons engaged in. the petro-
leuml industry or any branch thereof in any State may adopt a supple-
mnental code, for that State to be effective when approved by the
President, covering anly matter relating to the petroleumn industry
not in conflict with the provisions of this code.
SEc. 6. During such periods as the production of crude petroleum
in any State is withn hthe allocation to that State, as provided in
Section 3, Article III, of this code, it shall be an unfair practice within
that State to buy, sell, receive in exrchange, or otherwise acquire
M~id-Continent .crude petroleum of 360-36. 90 A.P.I. gravity durig
any cale~ndar month at a price per barrel (to the nearest cenlt) less
thian. that which will be determined bys multipr slyingte average4
Group 3 tank car price per gallon of U.S oo aoieo 06
octane rating during the preceding calendar month as ascertained
a~nd declared by the F'ederal agency designated by the President, by
the constantly 18.5. TIhe constant 18.5 represents the relationship,
during the period 1928-1932, between the a-verage price per barrel of
Mlid-Continecnt crude petroleum of 360-36.90 A.P.I. gravity anrd the
av-erage Group 3 price per gallon -of U.S. Motor gasoline of 57--65
octane rating or 58-60 U~.S. Motor gasoline. For crude pet roleuml
of lower or higher gravity an~d/or different quality and/or in different
locality-, fair and equitable differentials between the price of 360-36.90
Mid-Continent crude petroleum, determined as above prescr~ibed, and
the. prices quoted for other crude petroleums shall be observed. Each
company or individual purchasing crude petroleum shall file a certi-
fied copy of its price schedule and subsequent price changes with
the Planning and Coordination Committee. Such contracts for the
purchase of crude oil as were in existence on the effective date of this
code shall not be affected byJ the provisions of this section during the
period of the contract: Provided, That a certified copy of each such







contract is filed with the Planning and Coordlinat~ion Commlittee
within t~hirty~ (30) days of the effective date of this code. Such con-
tract~s, however, many not be renewed except with thae approval of t~he
Planning and Coordination Commttee.
(a) Fior a test period of not to exceed ninety days, the President
may prescribe the base price of the gasoline described in Section 6
of this Article to which said constant shall be applied and, at the end
of said period the President may revrise the formula. set forth in said
Section 6 or add such additional formnulae relative to thie wholesaling
anJd retailing of pet~roleuml and its products in such manner as in his
opinion. may be necessary to effectuate the purposes of the National
Industrial Recovery Act. If and w~henever the President, shall pre-
scribe a base price for gasoline then it shall be an unfair trade practice
to bu~y, sell, give or receive in exchange or otherwise dispose of or
acquire such. gasoline at a lower price.
SIEc. 7. WCild-cat~ting shall not be prohibited because -th~re future
mrainztenance of the petroleum supply depends on new discoveries
and new pools, but the shipment of petroleum, or the products thereof
in or affecting interstate commerce which was produced in a new
field or pool which is not developed in neccordarnce with a plan approved
b~y the President is unfair competition and in violation of this code.
For the purpose of this code a new field or pool is one discovered after
darrte of appm~roval of t~his code~ a~nd3 in which teAn pnroducling wells have
been completed.
ARTICLE IV-REFINING
SEC'TION. 1. To achieve grreater accurracy in balancing production
and consumption, to prevent the injurious effect upon interstate com-
merce of an unbalanced accumulation of gasolie inventories in any
part of the country, and to facilitate equitable access of refier to
the allowable supply of crude oil, the ]Federal Agency designated by
the President shall divide t~he country into eight refining districts and
shall suggest a proper relationship between inventories of gasoline and
sales thereof for each district..
SEC. 2. The Planning and Coordination Committee shl appoint
subcommittees for each refining district. Said subcommittees shall
call t~he attention of refiners withi their respective districts to the
existing and recommended ratios between gasoline inventories a~nd
sales within said districts. If any refinery claimls t~hat inequities
exist in the availability of supplies of crude oil it shall make complaint
to the subcommittee for the district w~ithlin which it is sit~ua ted. Sai
district subcommittee shall endeavsor to adjust such controversy; if
it cannot do so, it shall refer such complaint to the Adjulst~ment Com
mnittee of the P~lanning and Coordination Commttee. The Adjust-
ment Commnittee, after proper statistical study of the ratio between
claimant's inventory~ and sales, and upon recommnendation of the
Planning and Coordination Commiittee, shanll hold public hearings,
upon dlue notice, with a. v\ie- t~o arbitration.
SEC. 3. Should any refiner have an inlldequate supply of crude oil
available from cu~rret purchases, withlin economic transportation
limits then hie may withidrawr or purhase froml storage such oil as may:
be necessary to makle up the deficiency. In suich cases a special
report shall be mlade by such r~efiner to th~e subcommittteee which mayr
prohiibit furtherr withdrawanls by- prov-iding thec deficiency from current







sources at competitive prices. In the events of such purchaase from
stora~ge then it shall not be an unfair trade practice for the owner of
storage oil to make such sale.
SEC. 4. TChe storage of gasoline in amounts greater than is required
to provide for the nlecessary fluctuations in workng stocks and to
meet th variation resulting from seasonal demand as determined by
the Plning ar~dnd O:b~~ Coordination Committee, is atn unfair trade practice
ARTICLE V-MRARKiETING
Rule 1.--The provisions of this Code relating to transactions of
refiners distrbutors, jobbers, or wholesalers with retailers anid others
selling or consigning petroleumz products to consumers shall apply
to all accounts, of any description, under which refiners, distributors,
jobbers, or wholesalers sell their products or cause their products to
be sold to consumers or to retailers, or to others selling petroleum~
products to consumers.
HRule b.--Whenever any merchant or vendor of any and all types
of mrJerchandise offers for sale at wholesale or retail motor fuels, motor
lubricants, motor gasoline, or naphtha of a petroleum nzature he shall,
:insofar as his business pertains to these products, be bound by the
regulations of this Code.
Rule 3.--All refiners, distributors, jobbers, and wholesalers shall
conspicuously post at each point from which theyS make deliveries,
and. at places there readily accessible during business hours to the
public, all prices for which naphtha, gasoline, motor fuel lubricating
oil, grease, kerosene, an~d heating oils are sold.
With thne exception of sales made directly by- refiners, all suchn prices
shall rIemain in effect for at least twenty-four (24) hours after they
become, effective. Refiners m-ust post for twenty-four (24) hours the
prices for all sales made the previous day. The posting shall include
the. following:
The prices for all classes, types, methods, and quantities of deliver-
ies, except those under previously executed conltrlacts, being maade
from the place where the price is posted, a schedule of all discounts
offered and the terms thereof and a staLtemnlnt of all terms as to freight
rates and deliveries. If diflFerent prices are offered to different ch~sses
of buyers, such prices shall be separately postedl. The posted prices
shall include, am~ongS ot'her~s, the prices for spot sales. `When prices
are posted for deliveries in, tank\ wagons or tank trucks, the posting
shlall describe the area to which the- prices apply. All sales shall be
made at the posted prices app~licable thereto, and no departure shall
bie made from the prices, schedule, or discounts or from the terms
posted applicable to any such sale.
All retailers, and others who sell conIsumners, shall conspicuously
post at the place from wvhichl delivery is made, and at places there
readily accessible during business hoursY to the public, one price at
which each brand, grade, or quality of naptha, gasolinle, motor fuel,
lubricating oil, grease, kerosene, and heating oil are sold. All retailers
and others wh sell consumers, unless prevented thlerefrom~ by ap-
plicnble law, shall separately post in the somle, manner all tax they are
required to pay or collect because of thle sale of nap~htha, gasoline,
motor fuel, lubricating oil, grease, ker~osene, or heating oil. All prices







posted shall remain in effect for at least twventyr-four (24L) hours after
they are posted.
All sales shall be made at thet posted prices applicable to the brand,
grade, or quality~ of the commodity sold.
Coupon books or other scrip of any na ture, if used, shall be sold and
redeemed at their face value without any discount.
No one shall mnake any deviationl from his posted price by means of
rebates, allowances, concessions, benefits, scrip books, or any other
device wvhereby any buyer obtains any naphtha, gasoline, motor fuel,
lubricatinlg oil, grease, kerosene, or heating oil at a net lower cost than
the applicable posted price, except that commercial consumers may
secure gasoline, motor fuel, and other oils, on contract quantity basis
under conlditions established by the Planming and Coordination
Committee .
Thie provision of all previously executed then existing contracts
regarding price will be available for inspection upon the direct request
of any competitor, unless such request shall be made for the purpose
of unlfairl~y obtaining information, in whlich event the decision whether
such contract shall be made available shall be made by the authority,
committee, or commission provided in Rule 4 of this Article, or such
agency as it may designate.
On a change in the posted price, no adjustments, allowannces, credits,
or refunds shall be given to any buyer on. deliveries already made.
Abnormal deliveries in anticipation of price advance and acceptance
of orders for subsequent deliveries at prices effective before advances
are~ prohibited.
Rule 4.-Refiners, distributors, jobbers, wholesalers, retailers, and
others engaged in the sale of petroleumn shall not sell any such refined
petroleum products below cost of matnufacturig or imnportation into
the State where offered for sale, plus rea~sonabtle expenses in th cost
of ma~rketting as observed under prudent malnag~ement, fixed taxss and
inspection fees by the Federal or State Governmlent, or any political
subdivision thler~eof, provided, however, that any person is permitted
to maeet competition in -violation of this rule concerning which he hlas
made enmplaint to the Planning and Coordination Commnit.tee, or
any authorized agency thiere~of, but only pending action thiereon.
An authority. committee or commission d~elegated by the YNational
Recovery) Administ~ration ~for such pulrpo~ses shall receive complaints
of violation of this rule and make such inve~stigantion undl/or hold such
hieariing~s as it deems niecessariy to determine whether the pries comn-
plaiined of are in violation of thiis rule.
Rzcle 5.-Th'le schedulle of credit at~tachled her~eto malrk~ed Appendix
"B3" is herebyl) adopted byg the petroleum industry as a u~niforml basis
of credit to be ap~plicable to all decliver~ies madRe; after the effective date
of thlis Code. T'he granting of a longer term of cr~edit or a larger r~at~e
of disco-unt byT any1 refier, distr~ibutor,jobrwhlslrorrtir
than that allowed by this sc~hedl~~e shatllb' constitutler an unfair mtho
ofsitt competition.tho
Credit conlditions of conltrnets maide prior to the effective date of
this Code are exsrceptedl froml1 the procvisionis of this rule.
Rule U..--Innsmuch~~'~ as5 thereC ar' firmUs anld Corpora(ltlionl s il .the p~etro-
leum11 induslltry w'ho severally or through firms andM cl!lorptoraton owrnedl
or ontolld, ontitte nd omriSe a compIilelte oir inltegrated unt
in such') indlustry3 or produce and( recfinc pctrleumc~ll andt market the







products manufactured therefrom~l, the bulsinless thereof shall be so
conducted that the sevcr~al brainc~hes of this industry, viz; prod-ucinlg
of petrloleuml, refining, and marketing of refined products may be
carriedl on upon. a profitable basis and that no one or more of the
said branches shall obtain or receive excessive or disproportionate gain
or profit therefrom to the exclusion of any other branch of this
ind ust~ry.
Rule 7.-Refiner~s, distributors, jobbers, wholesalers, or retailers
shall not hereafter sell, lease, loan, or otherwise furnish to consulmers
of petroleuml products or to anyone engaged in the sale of petnroeu~m
products at retail, any pumps, talks, alir conmpressors, greas~ing
equipment or guns, lubsters, or other equipment or accessories
(excepting only pump globes and the usual advertising signs, for the
storage, display, vending, delivering, or consumption of petroleum
products, except as othlerw~ise provided in, paragraph 3 of this rule.
No twi thsta nd ing the prohibition hereinabove contained, any coop-
erative society, association, or corporation of the type described in
Rule 29 of this Art~icle shall be permnitted to purchase for cooperative
distribution to any member or members thereof, equipment of the
kind hereitnabove descried, intended for exclusive use by such
member or members.
If equipment of this kind, type, or description hereinbefore m~en-
tioned now in operation becomes damaged, destroyed, or wvorn out, it
shall not be replaced by any refiners, distributor, jobber, or wholesaler.
The equipment of the kind, tyvpe, or description hereinbefore mnen-
tioned, furnished, loaned, or leased before June 15, 1933, by any
refinery, distributor, jobber, or wholesalfer to or installed with any
retailer or consumer shall, at the expiration, of any contralct.uranl
relation, and on the request of such retailer or consumer, he sold by
such refiner, distributor, jobber, or wholesaler to such retailer or con-
somer, or, in the absence of a sale of such retailer or consumer as
herein provided, shall be sold by the refiner, distributor, jobber, or
wholesaler, who has made the loan, to any other refiner, distributor,
jobber, or wholesaler who is about to begin supplying petroleum
products to such retailer or consumer, on the request of such other
refiner, distributorl, jobber, or wholesaler at the original invoice price
plus actual cost of installation, less a depreciation of 15%r per annum,
but in no event at a price lower than that fixed in the schedule hereto
attachled, marked Appendix "A"'. In the event of a purchase as
herein ~provided by such other refiner, distributor, jobber, or whole-
saler, such equipment ma~y be loaned, leased, or licensed to the
r~etaniler or consumner at such location by any ne~w supplier subse-
quently acquiring title, thereto.
This rule doe~s not apply to the sale of equipment by the m~anufac-
turer thereof where such sale is not conditioned upon the purchase of
use of petroleuml products. TI~his rule does not apply to special equip-
ment used in connection with the sale and distribution of propane,
butane, ancd other~ liquefied petroleum gases.
Rule ;8.-Refiners, distributors, jobbers, wvholesarlers, or retailers
shall not construct, re~pair, lease, loan, or furnish. driveways, buildings,
canopies, air compressors, grease lifts or pits, grease equipment, grease
guns, air towers, light poles, flood lights, material for drivewarys,
buildings, or canopies, or any other equipment of any character
whatsoever in connection with service stafion1s or the storage, display,







or sale or consumption. of petroleum products (except~ing only pump
globes and the usual advertising signs and except as provided in Rule
7 of this Article) for or to anyone! engaged in the sale or delivery of
petroleum products to consumers or for or to consumrs~.
Nothing contained in. Rules 7 and 8 of this Code shal prohibit
refiners, distributors, jobbers, or wholesalers or retailers from installing
at or furnishing or equippinzg *with anyr of thle devices mentioned in
Rules 7 and 8 any station or place where petroleum products are sold
to consumers, which station or place is owned, in, fee by such re finer,
distributor, jobber, or wholesaler, or held by such refiner, distributor,
jobb~er, or wholesaler under a valid anzd binding lease, anld at the time
the lease wrias execultedl the leased premises were not improved with
any building or ot her facility or equipment for thec sale or storage of
petroleum products, or held byr such refiner, distributor, jobber, or
wrhol~salerl under a valid and hinding lease for a period of aftleast
five years, whiichr lease provides for a substantial rental not determined
by thie volume of petroleum products sold at the premises and which
does not contain any provision permitting either party thereto to
canrcel or termiate it or the term t'hereb~y grantedl before thre expira-
tion of five years from the beginningr of such term.
Nothing contained in Rule 8 shatllprohibit any individual from set-
ting up a station or place for the sale and dfist~rib~ution of petroleumn
products and from furlnis'hing his own equipment at his owvn expenses.
Rulle 9.--Refiner~s, distributors, jobbers, or wrholesalers shafll not
make any repairs to any equipment of any kind ow\nedl by ret.ailers
or conlsumerels; and shall not make any r~epailrs to any- equipment now
lotnned or leased to or installed with retailers or consumers which
necerssit a tes the remnoval. fromr the premrlises of the equipment in order
to effect thle repa~;irs.
Refiners, distributors, jobbers, or wholesalers may make any ordi-
nary re~pair~s to any equipment now loaned or leased or ot.herwlise
fur~nished~ to retailers or consumers, provided such repairs can be made
without the removal o~f such equipment from thet premnises..
Rule 10.--Refiner~s, distributors, jobbers, or wholesaler~s, shall not.
do any painting, nor furnish any paint free, or sell any paint for or to
consumers, or for or to retailers, ecectpt for pumps tthroug~h which the
produlcts~ of the refiner, dlistribu~tor, jobber, or wuholesaller are sold and
exCeprt. for usualn advr~tising* signs. Any new\s suplplie~r shall assume the
obligait~ion of paint~ingc out conlor~s idelrntify-ingr previous suppliers of the
retailers or of any~one selling petroleumn products to consumers with
somec neutralizing color ot her than that, customarily used to identify
places through which the products of the recfiner, D~istr~ibultor, jobber,
or whorle~sale~r doing ther pa~int~ing are sold or dispensed. Before any
refiner, distr~ibutor, jobb~er, or wvholesailer paints over ainy sign or color
of anot.her refiner, distributor, jobbe~r, or wholesa~ler, it shall com-
municate w\ith the refiner, dist~nlibut.o r, jobb~rI, or wh~olesaler whose
signs or colors alre involvedrt inqu~ir~ing whetther such .refiner, distributor,
i ,johher, or wYholesale~ Ihas any wr Ii t t n con trle t wvhic~h would be violated
by~ surchl pr~oposedl paintingt. Any refiner, distribult r,l jobbe.r, or wrhole-
salerII to whlomll suich inqur is pr ete shall res~pondi thcrclto w~ithiin
tenr days from, date of notice gSiving~ thelr informational,~ requeste~f~d andl if
such- proposed--- pantn wul ioat nycnte hih thod
shalll oNfer to subm~it, thet conlt rnlct forl inspe~cct ionr at its officer. If suchl
prop'osed paJ~inting~ wsould violate the contract so submii ttd, the paint-
inrr shall1 noct. be dlone~.







Refiners, distributors, jobbers, or wholesalers may sell paint direc:
to any other refiner, distributor, jobber, or wholesaler. Nothing he~re-
inabove contained shall prevent any cooperative society, associattion,
or corporation of the type defined in Rule 29 of this Article, from buy-
ing paints for cooperative dtistributionr to any member or members
theretof, provided that the purchase or sale of such paints shall not
be conditioned upon the purchase or sale of petroleum products.
Rulle 11.-Except in such cases as constitute exceptions to the pro-
hibit~ions contained in Rules 7 and 8 of this Article, refiners, ds
tributors, jobbers, or wholesalers shall not lend, lease, or otherwise
furnish any equipment of any character, whatsoever, except trade-
malrked pump globes and other usual advertising devices, to anyone
purchasing or receiving petroleum. products by tank car, tank barge,
truck: train, or pipe line or to anyone selling petroleum. products for
resale: or consumup ton.
Hule 19.-W-~hen any pump, tank, or other device for the storage,
display, consumption, handling, or sale of naphtha, gasoline, motor
fuel, or Ilubr~ica~ting oil, beatrs the name, trade maarkr, or trade name of
any person, firm, association, or corporation engaged in the manufac-
ture or sale of any such commodity, no other person, firmn, association,
or corporation shall deliver into or deliver for sale from such pump,
tank, or other device, or any tank or other container connected there-
with, any naphtha, gasoline, motor fuel, or lubricating oil, other that-n
that mlanufaactured, sold, or distributed by the person, firm, associa-
tion', or corporation whose name, trade mark or trade name is so
affixed. ~No person, firm, association, or corporation shall in any wsay
k~nowingly be a party to the substitution of one grade or brand of
nalphtha, gasoline, motor fuel, or lubricating oil, for another.
Rulce 18.--Re~finers, distributors, jobbers, or wholesalers, shall not
loan. money to retailers or others engaged in the sale of petroleum
products, or to consumers, for anly purpose whatsoever and sh~all. not
extend any credit to any retailer or to anyone engaged in selling pe-
troleumn products to consumers except for merchandise sold for resale.
Refiners, distr~ibutors, jobbers, or wholesalers shall nrot pay for or reim-
burse to any retailer or consumer, either directly or indirectly an
property tax, privilege tax, license. fee or tax, inspection fee or tax,
chain-st.ore tax, or any other charge, tax, or impost levied or assessed
by any taxing authority uponz any- retailer or consumer in connection
with the operation of any place or facility for the sale of petroleuml
products, nor adv-ance money for the same.
Rol 14.--Refiners, distributors, jobbers, or wholesalers shall nnot
pay rentals or otherwise pay for the privile~ge of displaying advertising
on premises where napht~hn, motor fuel, lubricating oil, grease, kero-
sene, or heatinga oil are sold.
Rule 145.--No refiner, distributor, jobber, wholesaler, or retailer or
other person engaged in thie sale of petroleum shall knowingly induce,
attempt, to induce, or a~ssi~st a, party ton break a, then ex-istingr written
contract for the sale of petroleum products or a then existing lease of
the premises used for the sale of petroleuml products between that
party and. another.
No refiner, distributor, jobber, wholesaler, r~etailer, or other person
engaged in the sale of petroleum products shall sell or deliver any
naphtha, gasoline, motor fuel, lubrienting oil, grease, kerosene, or







heating oil to anyone knowsinga that such sale or delivery will viola t.e
or prevent the performance of a, then exis ting w~ri tten con tl.rnt between
the person to whomn the sale or delivery is made and a~nother.
No contracts in violation of this code are protected under this rule.
Nothing herein contained shall preclude the sale or delier~y of any
naphthn, gasoline, motor fuel, lubricating oil, gr~ease, kerosene, or
heating oil to any person who justifiably refuses further compliance
with any existing written, contract.
RIule 16.-Lotteries, prizes, wheels of fortune, or other games of
chance shall not be used in connection with thre sale of pet~roleuml
products.
Ru?.~.le 17.-ExIUcpt, byT permission of the Plnnuingr and Coor~dinat~ion
Committee, refiners, distributors, jobbers, wpholesalers, retailers, and
others engaged in the sale of petroleuml products shall not give awazy
oil, premiums, trading stamps, free goods, or other things of value,
or grant any special inducement in connection with the sale of pet~ro-
leum1 products.
Rule 18.-Except by permission of the! Planning and Coor~dination
Committee, gasoline shall not be sold or delivered from tank wagons
or trulck~s to motor vehicles except in emergency cases.
Rule 19.--Pending decision by the FEiederal Trade Commlission as
to whether the lease and agency, lease and license methods of mar-
kieting of petroleum products constitute an. unfair trade practice:
(a) No new contract shall be written under either method,
(b) Any such contracts now in effect shall not be renewed for a,
period exceeding one year, and the cancellation privilege shall be on.
notice not exceeding thirty days,
(c) Provisions of rules 7 and 8 shall apply in all instances to existing
lease and agency and lease and license conltrnets, and to renew\als, as
above defined,
(d) Insofar as lease and agency- and lease and license agreements
are conlcerned, the provisions of Rule 15 shall not apply to solicit~ing
the sale and purchase of petroleum products, and
(e) Should. the ]Federal Trade Commissionl fail to render a final
decision on the validity of please and agency and lease, and license
agreements within 60 days of the effective date, of thiis code, the
Presidentt, or agency designated by him, mlay make a final decision pro-
hibliting such marketing methods, or authorizing then without con-
dition or upon such conditions as he or it may pre~scibe; or the Prsi-
dent or a7genlcy designated by him may, in hnis or its discretion,
temporarily prohibit the use of such mlarketingr mleth~ods pending the
decision of the Federl~n courts, or he or it may temporarily- authorize
such methods pending decision of the Commllissiol aInd of the courts,
either without condition or uponi sui~ch conditions usE he or it miay
prescribe.
Rule 90.--Refiners, distrIibutors, jobbersP, or whlolesallers maytl own
service or filling stations or sites for samiie and ma~y fully equip such
stations or sites and may please, operate, or heernse such~ stations or
grant a license to anyone to operate such'l st t~io~ns for the distribution
of petroleum products ma~rlncufactue or so~ld by surch ref~iner, dis-
tributor, johbbr, or wholesaler, or such refiner, distributor, jobber, or
wholesalerc maiy employ anyone as agent of such refiner, distributor,
jobber, or whlolesaller for th~e sale of yptrloleumn products thereat..







Rule 1f.-NIo one shall make any delivery of naphthn, gasoline,
motor fuel, kerosene, range oil, lubricating oil, or heating oil at anly
refinery, terminal, or bul plant to a reseller into any wagon, truckl,
tank wagon, or tank truck owned. or opera ted by or for such. reseller.
The terml "reseller as herein used shall not be construed to include
any a~genlt selling such. commodities on a commission basis. Dle-
livreries may be mad~e inl exchange for similar commrrodities received by
the person maskinlg the deliveries from the person to or for whom the
delivery is made.
N1\ot~hing inl this rule contained shall apply to deliveries made to
bona. fide jobbers either in their own vehicles, or for their account,
from refineries, terminals, or bulk plants.
Rule a.--Refiners, distributors, jobbers, wholesalers, or retailers
shall not render any burner service in connection with the sale of
heating oils and fuel oils unless a fair and reasonable charge is made
for such service, which in no event shall be less than $10.00 per year
and an ;Addit~ional charge made for the replacement of any parts at
nlot less than their reasonable cost. N1\or shall any refinery, dis-
tributor, jobber, wholesaler, or retailer grant a commission of any
kind to anly person other than a regular employee of such refiner,
distributor, jobber, wholesaler, or retailer in connection with such
sales unless there is a contract between such. refiner, distributor,
jobber, wholesaler, or retailer anzd a dealer, distributor, or malnufac-
turer of oil burners providing for the payment of a commission to the
la tt~er for the sale of heating oils and fuel oils to oil burner users where
such sales are evidenced by signed contracts. TPhis rule is not to be
construed to prohibit advisory service.
Refiners, distributors, jobbers, wholesalers, or retailers shall not
sell to consumers of heating oils and fuel oils for delivery by tank
wagon or tank truck on a contractual basis for a period exceeding
twelv~e months.
No refiners, distributors, jobbers, wholesalers, or retailers shall
knowingly sell any heating oil or fuel oil to consumers in tank car lots
unless said consumers have facilities for receiving and storing tank:
car lots.
Rule SS.-Refiners, distributors, jobbers, wholesalers, anld retailers
shall permit any duly authorized employee, agent, or representative
of the Planning and Coordination Committee to make any inspection
or examination of books, records, contracts, plants, or stocks of mer-
chandise to determine if there has been anly failure to comply with the
provisions of this Code or anly failure of the refiner, distributor,
wholesaler, or retailer, or by anyT other person, firm, or corporation to
pay anly tax required to be paid because of the receipt, sale, or use of
any na.phtha, gasoline, motor fuel, lubricating oil, greases, kerosene,
range oil, heating oil, or any other pet~roleuml product.
Rule #.--Evasion of taxes in the sale of petroleum products gives
to evaders an undue and unlaful~ advantage over legitimate marketers
and is unfair competition w\ithtin the meaning of the National In-
dustrial Recovery- Act.
Rule 5.--The? broadcasting or publishing, in any manner, of a claim,
representation, or implication which leads to a false or incorrect con-
clusion in regard to the goods, prices, or service of the advertiser, or
in regard to the goods, prices, or services of a competitor, or which
lays false claims to a policy or continuing practice of generally under-







selling comnpetitors, is ani unfair and uneconomic practice and is
prohibited.
R'ule 6~.--In all sales of tra de-mla rk ed or bra ended petroleum products
for resale, refiners, distributors, jobbers, or wholesalers mnay, by con-
tract, reqture purchasers to sell~ at prices therein designated for such
resale; and may further require that if such products are thereafter
sold by such purchaser for resale, that the original purchaser shall
incorporate a similar provision in the contract with it.s purchaser for
resale.
Atlny purchaser whzo agSrees to sell anry refined pet~roleuml products at
the prices designated therefore by the refiner, distrib~utor, jobber, or
wholesaler from whom, purchased shall make all sales thereof at
prices not less than those so designated.
Rule 9r.--The unauthorized use by any person, firm, or corporation
of the trade mark, trade slogan, insigma, or emblem of any trade
association in the petroleum industry, or thae assertion or claims, by
advertisement or otherwise, by any person, firmn, or corporation that
he or it is a member of any3 such alssoci t~ion when inJ fac t not a member
thereof, shall be an unfair trade practice.
Rule 8.-The provisions of this Code shall not prevent an associa-
tion, society, or corporation organized or incorporated on the coopera-
tivPe plan under any lawT or an~y State, territory or District of Colum-
bia or of the United Sta~tes as defined in Rule 29 of Article 5 of this
Code! from paying patronage dividends to the members or stockl-
holders of such an organization in accordance w~ith the provisions of
the latw, the articles of association, articles of incorporation, and/or
by the laws of such association, society, or corporation, and the payv-
ment of such patronage dividends by such cooperative organizations
shall not be construed as a violation of this Code, nzor shall t~he payv-
mnen~t or distribution of such dividends be constr~ued under this C'ode
as an unfair method of competition; it being specifically understood
that such, dividends shall not be paid to nonmembers or nonstock-
holders.
RIule 29.-A F'arm. Cooperative Societ~ies Association and/or Cor-
porations organized ~under the laws of anly state, territory, or Dist~rict
of Columbia or of the Unrited States, mnembersh~ip in which is rest~rict.ed
to persons whose chief source of livelihood is farmling or other coopera-
tives ol~rgnized and existing on J~uly 1, 1933, anzd which comply with
paragraph 12, section 103, of the revenue act of 1932, and which dis-
tribulte their pa~tronage dividends to such members only, shal be
exempted from certain provisions of the Art~icle 5 as hereinbefore
specified; provided, however, they shall be otherwise fully subject to
the provi~sions of Article 5.
Hule 80.-T-his Code shall not apply to contracts act.ually made
prior to the do te on which this Code is formally approved. Upon the
effective dat~e of ths Code it shall apply to rall such contracts as soon
as any canrcellation or terminattion t~hereof can be legally accomplished.
This Code shall apply to all contracts mande after t~he dalte on which
this Codec is formally at~pproved, andt shall apply to all rcenewals or
extensions madlte after thant date of contracts ma~de prior thereto.
The provisions of this Code shall not Irpply to transactions between
sub-sidia ry or :iflin1 ted com Ipanies. C'omipanies shall be considered to
be unlinritted whfen one ownsri the minjor~ity of the outstanding capital
stock of the other, and whelrn the maijor~ity of the ouftstnding capital
stocks of each is held by the sllmle individual, corporal tion, or aissocia-







tion, o~r, ini the case of cooperative associations as defined in Rule 29
of ALrticle 5 of this Code, when the local associations collectively own
the majority of the outstanding stock of the central cooperative asso-
cia tion. The parent companies owning the majority of stock: in other
comlpanies shall be responsible for the observance of such subsidiary
or affiliated company of the provisions of the rules of this Code.
The provisions of this Codet shall not apply in respect to sales made
in th United States for export to foreign countries.
Rule~ 81.-A~ violation of any of the rules of this Code shall consti-
tute an unfair method of competition.
In the event any rule of this Code, or part of any such rule, should
be disapproved or held invalid, such action shall in no way affect any
other rule or part thereof.
ARTICLE YTT--TRANSPORTATION
The transportation subcommittee of the Planning and Coordina-
tion Committee shall investigate transportation practices and rates,
and shall from. time to time recommend to the President such action
as may be appropriate to be taken under the Nationlal Inldustrial
Recovery Act, or otherwise.
ARTICLE VII--ORGANIZATION
SECTION 1. The administrative machinery for the effectuation of
this Code shzall consist of:
(a) The Planning and Coordination Committee, representing the
petroleum industry antd the National Recovery Administration.
(b) A Ftiederal Agency to be designated by the President.
SEC. 2. The ~Plannling and Coordination Committee shall consist of
fifteen mrzembers, three of whom withoutt vote) shall be representa-
tives of the National Reco~ver~y Administration and appointed by the
President and twelve of whom shall be representativ-es of the petro-
leumn industry,) and, for purposes of immediate organization, ap-
pointed by the President from~ nominations made by a group or groups
within the industry in such manner as mray be prescribed by the
President.
SEc. 3. Th~e Planning and Coordination Commlittee is set up to co-
operate with the Administrator as a planning and fair-practice agencyp
for thie petroleum industry. Such agency may from time to time pre-
sent to the Administrator recommendations which will tend to effec-
tuate thet operation~ of the provisions of this Code and thec policy
of thie National Recovery Act and is charged in particular with
endeavoring to promote the fullest possible cooperation wpith state
regulatory bodies.
SEC. 4. The Planning and Coordination Committee shall have a
Chairman from its own membership and the following working tech-
nical subcommittees:
(a) Statistical Comimittee.
(b) Production Committee.
(c) Refiner~y Commit~tee.
(d) Mfarket~ing Committee.
(e) Accounting Committee.
(-f) Labor Committee.
(g) Adjust~ment Committee.
(h) Transportation Committee.





20

SEc. 5. The Federal Agency designated by the President shall make
suchr est.imlat.es of petroleum requirements an~d such recommendations,
allocations, and inventories as may be required for- the effectuation of
this Code.
SEC. 6. In Order to provide necessary data upon which to base its
studies for the purposes of this Code, the Federal Agencyv designated
by the President and the Planning and Coordinat~ion Commit~tee are
empowered to call upon the industry for the, necessary statistical and
other reports and any refusal to supply such reports is a, violation of
this Code.











AIPPIENDJICES

APPENDIx A

Schedule of Equip~ment iPrices to be UCsed as a BasisJ of Putrcha~se or
Sale Betwleen Oil Cwnpaniess

BLIND GASOLINE PUMPS
Net
Lower Than
All makes of Blind Pumps, incrluding: DupDlex and all sizes 1 to 5 gallons
capacity____ ___----_-_ 920. 00
VISIBLE PUTMPS
5-gallon dry or wet hose Visible, 10- or 15-gallon Dry Hose Visible. Dual
Bowl Visible (all types), 5-gallon blind pumps with 5 or 10 Visible
attachment, Remote Control Visible Air-lift Visible:
All of the above_______ _________ ______ 20. 00
10- and 15i-gallon Visible W~eb H~ose, all makes ________ 40. 00
10- or 15-gallon. Visible Web H-ose, electric power operated---__ 50. 00

ELECTRIC MIETER PUMPS
Electric Flow Meter Pumps, with or without air separator_______ 45. 00
Elect rie Displacement Meter pumps, without air separator- 70. 00
Electric Displacement Mleter Pumps, with air separator __------ 85. 00
On any of the above pumps furnished in Twin type the price shall
be double that of the single unit.

GASOLINE BUGGIES OR WHEEL TANKS
Any capacity, identified by Underwriters Label_______ _____ 50. 00
Same as above, not identified by UCnderwriters___ -_------- 25. 00

SKID TANKS WITH PUMPS
Skid tanks used for gasoline, kerosene, or distillalte, up to 550-gallon
capacity, equipped with pump, any t~ype----_- __ .__-_-- 25. 00

COMBINATION GASOLINE OR KEROSENE UNDERGROUND TANKS WITH
PUMLVPS

100- to 200-gallon capacity, with 1 gal. or rotary pump---... ---- 25. 00

MISCELLANEOUS PUMP EQUIPMENT

Hydraulic Syst~ems, Drop Cylinder Jobs, Remote Cont~rol Systerns,
and any other special type of equipment, including airport equipment
and equlipmlent, used to serve marine trade, etc., shall be considered
special equipment. Purchase or sale price shall be arriv-ed at by
joinlt appraisal on the prenuises.

UNDERGROUND TANKS

Underground TPanks shall be bought or sold at prices shown below,
which include all installation costs, labor, mlaterials, freight, etc., up
(21)








to and including the installation of the pump itself (value of pump not
included) on, the following basis:
280-gallon tank __ ____ ---__ _-- __-- __.. __ 35i. 00
550-gallon tank _______,_----------------- -_ __,_ 50. 00
1,000-gallon tank___..____ ---------------- ..... 75 0
2,000-gallon tank_____- --------- ----_ _____ 100. 00
These prices are for tanks of any specification, galvanize~d or black
steel as now installed.
Capacities of tanks shown above are normal sizes and mlay var
10%/ more or less. For each additional pump installed on one t~anki
add $10.00 for installation cost.
Where the original installation of the tankr and piping involved the
removal and replacing of concrete, an allowannce of 25 per square
foot, with a maximum allowance of 60 square feet for each tankr and 60
square f'eet for pipe trench~, shall be added to price of the respectie
size tankr.
Where tanks are installed under unusual conditions due to ordinances
or regulatory restriction which resulted in excessive costs, thne purcase
or sale will be based on the actual cost of such installation less 10% per
annum depreciation on equipment and material used plus actual labor
cost;
Odd-size tanks not covered by the above classification shall be.
bought and sold at a price interpolated between those specified.
Underground tanks, and any part of the undrgrundp instllatowne
in connection therewith, may be repaired or replcdb h we
thereof. If replaced, the new tank shall be of thle same capacity as
original and the original removed from the premlises or made unft for
use.
AUTOMOBILE LIFTS, RACKS, AND PITS

Alut ombc~ile lifts of plunger type will be bought or sold at the, in~voice
p rice date of seller's purchase, plus freight, less 15 %j per an n um d epreci-
ation from date of invoice, plus a flat install tio~n charge of $40.00, plus
an, allowance for concrete, if any-, installed by ow-ner of lift, up to a
maxsimuml of 400 square feet, based on 20 cents per square foot.
Portable steel automobile lifts, grease an~d waHsh rac~s will b~e
bought or sold on invoice price date of seller's purchase pluls f~reighlt,
less 25% for depreciation and obsolescence per annumr from date of
invoice. No allowaunce for installation cost.
PEits and nonportable rackis wil be bought or sold- on, a basis of joint~
appraisal on the: premnises at time of exchanges.
COMPRESSORS
All1 ai compressors wil be bought or soldl on a basis of invoice price
d a te of seller's pulrrch ase, plus freigh t., less f25 c per attnnrum dep reci at ion
and obsolescence fro date of invoice. No installfa tion ceast considered.

KEROSENE EQUIPMIENT
Kerlosene equripm~ent shall be bought or soldi at ther follow\ingp prices
for the respecctive sizes and classes.
60- to 63- gallonl square kerosene tankr equipped't wvithl pump.1I .......,, %. 12. 00
L 10- to I12-ga~lllon sqluare! kerosene tank equl'ipped~c 11ithl pllrnp. _. ... 15. 00
150- to r,-:IG3-gallo square kerosene! tankr equ~ippe~d with pumnp~ _, _, .. 25. 00
200- to 220-gallonl square kerosene tank equl~ippe' d wvith pump1I___~_, .30. 00








ROUND PORTABLE KEROSENE TANKS

Equipped writh pump.
60- to 120-gazllon capac ity ___ $6. 00
RECTANGULAR KEREOSENE TANKS

Equipped with pump.
60- to 65-gallon capacity__,, ________ _.__ 12. 00
CELLAR KEROSENE OUTFITS

Equipped with stand pipe and pump.
60- to 120-gallon ca pac ity installed_ _each_, 40. 00
250- to 270-gallon capacity installed__--- -------- each 70. 00
50- to 120-gallon miscellaneous faucet tanks and tin pump tanks ___ 2. 00
LUBRICATING OIL EQUIPMENT
50-gallon round lubricating oil tank________ ________ 3. 00
60-gallon square lubricating oil tankr________________ 3. 00
15-gallon rectangular lubricating oil tankr______________ 3. 00
30-gallon rectangulasr lubricating oil tank________ ______ 7. 00
60O-gallon rectangular lubricating oil tank________ -_____ 9. 00
60-gallon 2-comzpartment lubricating oil tank________ ____ 10. 00
90-gallon 3-compartment lubricating oil tank________ ____ 15. 00
Any of the above lubricating-oil equipment, equipped with meter
add $1.50 to the~ above! price.
1-quart oil bottles______ ea_____-__-__----e ch- 80. 10
Tray for 1-quart oil bottles_-- __- _-------- ---- 25
1-quart barrel pumps_______ 1_____ ______ 00
Miiscellaneous lubricating equipment such as air systems, built-in
installations, underground installations, miscellaneous portable equip-
rnent, etc., not specifically mentioned in the above lubricating-oil
equipment shall be considered special and thae purchase or sale pr~ice
shall be arrived at by joint appraisal on the premises.

GREASE EQU7IPIEN;T
25-lb. grease bucket or kit without motor_------ _. _. $3. 00
Same as above with motor_______ __----....--- --..... 7. 00
100-1b. grease on t fi t without meter _---------- __- .. ..... 3. 00
Somrze as above with meter__----- ---------- _....... 7. 00
No charge for dolly in connection with the 100-lb. grease outfit.
Miscellaneous grease equipment such as built-in installations,
portable equipment, power guns, special portable guns, hand guns,
grease gun boards, etc., not specifically menrtioned ini the above grease
equipment shall be considered special and the purchase or sale price!
shall be arrived at by joint appraisal on the premiises.
Where grease boards furnished by supplier carry trade markr
advertising which cannot be readily effaced by any practical means,
supplier shall remove from the premises.
MISCELLANEOUS EQUIP1MENT1
Air and ~at~er standards, flood light s, and lamp posts or anry equip-
ment nrot specifically mlent~ioned herein will be bought or sold on a
basis of joint, appraisal on the premises at the time of exchange.








Sign posts will be considered as property of oil company- and shall
be removed.
All signs owned by oil company may be bought or sold by joint
appraisal.
ARBITRATION

In case any- dispute arises over prices and values of all the respective
equipment haerein mentioned which do not definitely state a prce,
the suppliers involved shall choose an arbitrator who shall be a
disinterested representative from some other oil company in thre
immediate vicinity, to whom the suppliers shall present their case.
TIhe decision of the arbitrator chosenl shall be final.



APPENDIX B

MAXIMUM CREDIT TERMS

Credit Terms

(1) Gasoline and Kerosene Sales:


In tannk-car and barge shipments __________



In tank-wagon deliveries_____ _________

Service-sitation deliveries_____ __-____--

Coupon books, in denominations of not less than
ten dollars, may be sold at face value, without
discount, for cash, or on credit payable net in.
thirty days. Coupons books issued by any com-
pany may be redeemed by any retail outlet
where the trade-mnarked products of that company
are sold.
Truck-T'rain. Deliveries from refineries and terminus
or bulk plants to jobbers' bulk plants (3,500 gallonrs
or over).


(2) Gas Oil atnd Fiuel Oil Sales:
In tank-car or barge shipments, or deliveries to ships'
burners.


Truck-TIrain Deliveries:
From refineries and terminals or bullk plants to
jobbers' butlk p~~llant 3~,50)0 gallons or over).


In Tfanlk-Wrlagon D~eliveries:
To resellers ___ .. ... _..,,................

To consumnersi ____ ... ......,,- .. .....


One percent 10 days
from date of ship ment.,
net 30days. Oneper~-
cent on sight draft
payments.
Load-to-load, for net
15th proximoo. No
cash discount.
Cotupo-ns or payments,
net in thlirty days.






One percent 10 days
from date!of shi pme~t ,
net 30 days. One
percent on sight draft
paymnents.


One percent 10 daY
from date of shipment,
net 30) days. One
percent onl sight, draft

One percent 10 days
from dat eof shipmenIt ,
net ;30. Onie percent
on sight draft pay-
ments.

Load-to-load or nlet 1it~hr
proxunao.
Net 15th proximo.








(3) Lubricating-Oil anid Grease Sales:
In tank-car and drum-car shipments:
U~nb rand ed oils and greases .. _. ....,, -,,



Branded oils and greases_ ....- ,_,, ..



L.C.L. Shipments:
All oils and gre~ases .. ,_,_,____,

Truck and tank-walvgon deliveries:
All oils and greases____ .._ ,_.............. -

Service-Stration Deliveries ____, .... ... ...


One percent 10 days
from date of shipment,
net 30 days or 30-
60-90-day trade ac-
ceptances.
One percent 10 days
from date of shipment,
net 30 days, or 30-
60-90-day trade ac-
ceptance.

One percent 10 days or
net 15th proximo.

One percent 10 days,
net 15th proximo.
Coupons or payments
net in 30 days.




II 111111 1 I II I111111 1111111111111111 111111111111




Full Text

PAGE 1

NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE PETROLEUM INDUSTRY AS SUBMITTED TO THE ADMINISTRATOR AND APPROVED BY PRESIDENT ROOSEVELT ON AUGUST 19, 1933 REGISTRY No. 711-1-21 ' A • WE DO OUR PART I • ---... UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D. C. -----Price 5 cents

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1. Executive Order 2. Letter submitting code to the President 3. President's Letter to National Recovery Administrator Johnson 4. Text of Code (n)

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EXECUTIVE ORDER ConE OF FAIR CoMPE-TITION FOR THE PETROLEUM INDUSTRY An application having been duly made, pursuant to and in full com pliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for my approval of a Code of Fair Competition for the Petroleum Industry, and hearings having been held thereon and the Administrator having rendered his report together with his recommendations and findings with respect thereto, and the Administrator having found that the said Code of Fair Competition complies in all respects with the pertinent provisions of Title I of said Act and that the requirements of clauses (1) and (2) of sub section (a) of Section 3 of the said Act have been met: Now, Therefore, I, Franklin D. Roosevelt, President of the United States, pursuapt to the authority vested in me by Title I of the N a tiona! Recovery Act, approved June 16, 1933, and otherwise, do adopt and approve the report, recommendations, and findings of the Administrator and do order that the said Code of Fair Competition be and it is hereby approved. (Signed) FRANKLIN D. ROOSEVELT. Approval Recommended: (Signed) H S. JOHNSON, Administrator. THE WHITE HousE, August 19, 1933. (1)

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THE ADMINISTRATOR, National Recovery Administrator, Washington, D.C. THE WHrTE Hou . . A11gui 19,1938. DEAR GENERAL JoHNSON: In ubmitting thi propo ed petroleum code to me, one substantial group within the industry has al o submitted some propo ed amendments agreeing, however to abide by my deci ion a to their acceptance. You have advised me that there are some other provi ion of the Cod which require further consideration. The Code, as agreed to by all its proponents, provides for a rcpre entativ Planning and Coordinating Committee of the Indu try. In view of th fact that we shall thus soon have a self-o-overning indu try under federal upervi ion it has seemed advisable to me to approve the Code exactly as ubmitt din the u ual manner and then to call for the advice of the Planning and Coordinating ommittee to the end that, prior to the effective date of the Code I rna made a deri ion on the e que tion and on the provi ion "hich you fe 1 h uld be further con idered. In accordance with Article VII, ection 2, will plea e r qu t ach of the various group who have participated in h aring and in sul qu nt c n iderati n of the Code, now to make the nomination form rnber hip on th Coordinating Committee. Very truly, FRANKL! r D. Roo EYELT. (2)

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THE PRESIDENT, The While House. NATIONAL RECOVERY ADMINISTRATION, Washington , D.C. , August Nineteenth 1933. MY DEAR MR. PRESIDENT: I have the hqnor to submit and recommend for your approval, the Code of Fair Competition of the Petroleum Industry. The Code has been approved by the Labor Advisory Board, the Consumers Advisory Board and the Industrial Advisory Board. An analysis of the provisions of the Code has been made by the Administration and a complete report is being formulated for transmission to you. I find that the Code complies with the requirements of clauses 1 and 2, subsection (a) of Section 3 of the National Industrial Recovery Act. I am, my dear Mr. President, Very sincerely yours, Enclosure. ( Signed ) (3) HuGH S. JoHNSON, Administrator.

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Digitized by the Internet Archive in 2011 with funding from University of Florida , George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http: // www . archive.org / details / codeoffaircompet5778unit

PAGE 7

J\ CODE OF FAIR COMPETITION FOR THE PETROLEUM INDUSTRY PREAMBLE To meet the emergency in the petroleum industry; to increase .employment, establish fair and adequate wages, enlarge the purehasing power of persons related to this industry and improve standards . of labor; to conserve the Nation's petroleum resources and to prevent physical and economic wastes which demoralize the national market to the detriment of consumers and producers and to restrain and . avoid recurring abuses in the production, transportation and marketing of petroleum and its products which directly obstruct the free flow of interstate and foreign commerce by causing abnormal and disturbing temporary fluctuations in the supply of petroleum or its products that are not responsive to actual demand and prices and disrupt the normal flow of interstate commerce in petroleum and its products; and to prevent the growth of monopoly resulting from unfair competitive practices; and to protect theN ation from an unneces :Sarily wasteful depletion of this natural resource essential for the national defense and safety and the continued functioning of the Nation's transportation facilities that are dependent for operation on .an adequate and economic supply of petroleum and its products and to accomplish and effectuate the policies set forth in the National Industrial Recovery Act, this code of fair competition governing the petroleum industry is adopted. ARTICLE I-GENERAL SECTION 1. The provisions of this code shall become effective two weeks after approval thereof by the President. SEc. 2. The term "American Petroleum Industry" includes the pro duction, transportation, refining, and marketing of crude petroleum :and its products; and is inclusive likewise of natural gasoline and the production of natural gas in conjunction with petroleum. The term .it person" shall include natural persons, partnerships, associations, trusts, including trustees in bankruptcy and receivers and corpora tions. The word "President" shall mean either the President or any . agent, employee, or agency empowered by the President to act in his stead. SEc. 3. Such of the provisions of this code as are not required to be included therein by the National Recovery Act, may, with the . approval of the President, be modified or eliminated as changes in cir • Cumstances and experience may indicate. SEc. 4. This code is hereby declared subject to the right of the President from time to time to cancel or modify any order, approval, license, rule, or regulation issued under Title I of theN ational Indus.trial Recovery Act. (5)

PAGE 8

6 SEc. 5. Agreements between competitors within the industry or the purpose of accomplishing the objectives of this code, or any of them, or for the purpose of elimin a ting wasteful duplication of manuf a cturing, tra nsportation, and marketing facilities are hereby ex pres s l y permitted, but such agreements shall not become operative until specifically approved by the President, and suitable public n o tice shall have been given of such agreements. Such agreements may at any time be disapproved b y the Presid ent and upon such dis approv al they shall c e as e to be valid. ARTICLE II SECTION 1. In drilling , production, refinery and pipe-line opera tions, the maximum hours for clerical employees shall not exceed 40 per week and the rate of pay for each geographic di v ision shall not be less than the minimum stated in Section 2. All other employees in these operations, except executives, supervisors, and their immediate staffs and pumpers on "stripper" wells located so a to make relief impracticable, shall work not more than 72 hours in any 14 con secutive days, but not more than 16 hours in any two days. To establish geographic divisions for the petroleum industry, the geographic divisions as shown by the United States Department of Labor, Bureau of Labor Statistics wage reports (October 1929) have been adopted. The minimum hourly rates for the employees above specified , other than clerical, in ea c h of the e geographic divisions shall be as follows: 52 52 4 4 5 45 48 50 52 1 For refinery and pipe-lin work in tat o mark d, not mor than t n p rc nt. orutitutlng common lab r only, of th total number of employ in any plant or op r tion m be p id nt not I thnn per-cent of this minimum rat .

PAGE 9

7 Minimum rate Middle Atlantic Division: per hou r (cents) New York, New Jersey, Pennsylvania _______________ ___________ ___ 47 New England: Maine, New Hampshire, Vermont, Rhode Island, Massachusetts, Connecticut______________________ _ ______________ _____ _ _ _ _____ ____ 47 East North Central: Ohio, Indiana, Michigan, Wiscon s in, Illinois _______________ _ _______ _ 4 7 West North Central: Minnesota, Iowa, Missouri, North Dakota, South Dakot a , Nebraska, ICansas_________________________________________ _____________ 42 South Atlantic: DelaV\ are, Maryland, District of Columbia, Virg inia, We s t Virginia, North Carolina,2 South Carolina,2 Georgia,2 Florida 2 _ _ _ _ _ _ _ _ _ _ _ _ _ _ 40 East South Central: ICentucky, Tennes ee , Alabama,2 Mississippi 2 _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 40 West South Central: Arkansas,2 Loui iana,2 Oklahoma, Texas 2 ---------------------------40 Mountain: Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona, Nevada, Utah_________ _ ______________________________________________ 45 Pacific: Washington, Oregon, California____ _____________ __________ _ _ ______ 47 SEc. 3. No filling or service station employee, nor any e mployee of any garage or other institution selling gasoline to the public shall work more than 48 hours per week. Nor shall any such employee receive less than $15.00 per week in any city of over 500,000 popula tion or in the immediate trade area of such city; nor less than $14.50 per week in any city between 250,000 and 500,000 population, or in the immediate trade area of such city; nor less than $14,00 per week in any city of between 2,500 and 250,000 population, or in the immediate trade area of such city; and in towns of less than 2,500 popula tion such employees shall receive wage increases of not less than 20 percent: Provided, That this shall not require wages in excess of $12.00 per week: And provided further, That no employee shall receive a smaller weekly wage for the shorter work week than was his weekly wage on July 20, 1933. SEc. 4. It is the purpose of the labor provisions of this code that all employees engaged in similar work in each of the geographic divi sions shall be placed on the same basis of hours and receive at least the minimum earnings provided for each class of work in the industry. To effectuate this purpose, the differentials between the rates for skilled jobs and the minimums established in this code for common labor will not be less than those existing in the industry in each geographic area on July 1, 1929; but in no case will such differential for First grade refinety stillmen be less than 45 per hour or for rotary drillers less than 75 per hour. SEc. 5. Every person subject to this code shall insert a provisjon in all contracts made by him for work within the industry, whereby the contractor agrees that his employees, or those of any subcontrac tor, shall receive the rates designated by this Code for each respective class of work and shall not work in excess of the schedule of hours in this Code. SEc. 6. On and after the effective date of this Code the employer in the Petroleum Industry shall not employ any person under the age of sixteen years. 2 For market operations in States so marked, not more than 10 percent, constituting co=on labor only, of the total number of employees in any plant or operation may be paid at not less than 80 percent of this minimum rate. 8906-33-2

PAGE 10

8 SEc. 7. Employees in this industry shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from interference, restraint, or coercion by em ployers of labor, or their agents, in the designation of such representatives or in selforganization, or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. No employee in this industry, and no one seeking emp loyment therein. shall be required as a condition of emp loyment to j oin any company union or to refrain from j oining a labor organization of his own choosing. Employers of labor in thi industry hall c mply with the maximum hours of labor, min.imu1n rates of pay, and other conditions of employment approved or prescribed by the President. SEc. 8 . The provisions of this Code reo-ulating hours of labor and wages of employees, shall be deemed violated by any dev i ce or method by which employees, as recognized in the industry on July 1st, 1933 , are or are attempted to be rernoved from such present recognized status of employees by means of dril lin g contracts, commission con tracts, lease and agency, or any other agreement . ARTICLE III-PRODUCTION

PAGE 11

9 petrolemn products in or affe ting interstate commerce out of said State to the extent necessary to effectuate the purposes of the National Industrial Recovery Act and/or he n1ay compile such quotas and recommend them to the State Regulatory Body in such State in which event it is hereby agreed that such quotas shall become operating schedules for that State. If any subdivision into quotas of production allocated to any State shall be made within a State any production by any person, as person is defined in Article I, Section 3 of this code in excess of any such quota assigned to him, shall be deemed an unfair trade practice and in violation of this code. SEc. 5. In any State in which no regulatory body or officer charged with the duty of allocating quotas within said State e:A'ists, and under the laws of which any person in any trade or industry within said State is required to comply with the terms of any Code of Fair Competition for such trade or industry approved under Title I of the National Industrial Recovery Act, the President n1ay designate an agency within such State to compile quotas within said State. Such compilations, upon approval by the President shall become operating schedules for the petroleum industry within said State. If any subdivision into quotas of production allocated to any such State shall be made within the State, any production by any person, as person is defined in Article I, Section 3 of this code in excess of any such quota assigned to him shall be deemed an unfair trade practice and in violation of this code; and, further, persons engaged in the petroleun1 industry or any branch thereof in any State may adopt a supplemental code, for that State to be effective when approved by the President, covering any matter relating to the petroleum industry not in conflict with the provisions of this code. SEc. 6. During such periods as the production of crude petroleum in any State is within the allocation to that State, as provided in Section 3, Article III, of this code, it shall be an unfair practice within that State to buy, sell, receive in exchange, or otherwise acquire Mid-Continent crude petroleun1 of 36-36. 9 A.P.I. gravity during any calendar month at a price per barrel (to the nearest cent) less than that which will be determined by multiplying the average Group 3 tank car price per gallon of U.S. Motor gasoline of 60-64 octane rating during the preceding calendar month as ascertained and declared by the Federal agency designated by the President, by the constant 18.5. The constant 18.5 represents the relationship, during the period 1928-1932, between the average price per barrel of Mid-Continent crude petroleum of 36-36.9 A.P.I. gravity and the average Group 3 price per gallon of U.S. Motor gasoline of 57-65 octane rating or 58-60 U.S. Motor gasoline. For crude petroleum of lower or higher gravity and/or different quality and/or in different locality, fair and equitable differentials between the price of 36-36.9 Mid-Continent crude petroleum, determined as above prescribed, and the prices quoted for other crude petroleums shall be observed. Each company or individual purchasing crude petroleum shall file a certi fied copy of its price schedule and subsequent price changes with the Planning and Coordination Committee. Such contracts for the purchase of crude oil as were in existence on the effective date of this code shall not be affected by the provisions of this section during the period of the contract: Provided, That a certified copy of each such

PAGE 12

10 contract is filed with the Planning and Coordination Committee within thirty (30) days of the effective date of this code. Such contracts, however, may not be renewed except with the approval of the Planning and Coordination Committee. (a) For a test period of not to exceed ninety days, the President may prescribe the base price of the gasoline described in Section 6 of this Article to which said constant shall be applied and, at the end of said period the President may revise the formula set forth in said Section 6 or add such additional formulae relative to the wholesaling and retailing of petroleum and its products in such manner as in his opinion may be necessary to effectuate the purposes of the National Industrial Recovery Act. If and whenever the President shall pre scribe a base price for gasoline then it shall be an unfair trade practice to buy, sell, give or receive in exchange or otherwise dispose of or acquire such gasoline at a lower price. SEc. 7. Wild-catting shall not be prohibited becaus the future maintenance of the petroleum upply depends on new di coverie and new pools, but the shipment of petrolemn or the products thereof in or affecting interstate commerce which was produced in a new field or pool which-is not developed in accordance with a plan appro ed by the President is unfair competition and in violation of thi code. For the purpose of this code a new field or pool is one discover dafter date of approval of this code and in which ten producing well have been completed. ARTICLE IV-REFINING

PAGE 13

11 sources at competitive prices. In the event of such purchase from storage then it shall not be an unfair trade practice for the owner of storage oil to make such sale. SEc. 4. The storage of gasoline in amounts greater than is required to provide for the necessary fluctuations in working stocks and to meet the variation resulting from seasonal demand as determined by the Planning and Coordination Committee, is an unfair trade practice and is prohibited. ARTICLE V-MARKETING Rule 1.-The provi s ion s of this Code relating to transactions of refiners di tributors, jobbers, or wholesalers with retailers and others selling or consigning petroleum products to consumers shall apply to all accounts, of any description, under which refiners, distributors, jobbers, or wholesalers sell their products or cause their products to be sold to consumers or to retailers, or to others selling petroleum products to consumers. Rule 2.-Whenever any merchant or vendor of any and all types of merchandise offers for sale at wholesale or retail motor fuels, motor lubricants, motor gasoline, or naphtha of a petroleum nature he shall, insofar as his business pertains to these products, be bound by the regulations of this Code. . Rule 3.-All refiners, distributors, jobbers, and wholesalers shall conspicuously post at each point from which they make deliveries, and at pl aces there readily accessible during business hours to the public, all prices for which naphtha, gasoline, motor fuel lubricating oil, grease, kerosene, and heating oils are sold. With the exception of sales made directl y by refin e rs, all such prices shall remain in effect for at least twenty-four (24) hours after they become effective. Refin e rs must post for twentyfour (24) hours the prices for all sales made the previous day. The posting shall include the following: The prices for all classes, types, methods, and quantities of deliver ies, except those under previously executed contracts, being made from the place where the price is posted, a schedule of all discounts offered and the terms thereof and a statement of all terms as to frei ght rates and deliveries. If differ .ent prices are offered to different classes of buyers, such prices shall be separately posted. The posted prices shall include , among others, the prices for spot sales. When prices are posted for deliveries in tank wagons or tank trucks, the posting shall de sc ribe the area to which the pric es apply. All sales shall be made at the posted prices applicable thereto, and no departure shall be made from the prices, schedule, or dis counts or from the terms posted applicable to any such sale. All retailers, and others who s ell consumers, shall conspicuou ly post at the place from which delivery is made, and at places there readily accessible during business hours to the public, one price at which each brand, grade, or quality of naptha, gasoline, motor fuel , lubricating oil, grease , kerosene, and heating oil are sold . All retailers and others who sell consumers, unle ss prevented therefrom b y applicable law, shall separately post in the same manner all tax they are required to pay or collect because of the sale of naphtha, gasoline, motor fuel, lubricating o il , grease, kerosene , or heating oil. All prices

PAGE 14

12 posted shall remain in effect for at least twenty-four (24) hours after they are posted. All sales shall be made at the posted prices applicable to the brand, grade, or quality of the commodity sold. Coupon books or other scrip of any nature, if used, shall e sold and redeemed at their face value without any discount. No one shall make any deviation from his posted price by means of rebates, allowances, concessions, benefits, scrip books, or any other device whereby any buyer obtains any naphtha, gasoline, motor fuel, lubricating oil, grease, kerosene, or heating oil at a net lower cost than the applicable posted price; except that commercial con umer may secure gasoline, motor fuel, and other oils, on contract quantity ba is under conditions established by the Planning and Coordination Committee. The provi ion of all previously xecuted then exi ting contracts regarding price will be available for inspection upon the direct reque t of any competitor, unless such reque t shall be made for the purpo e of unfairly obtaining information, in which event the deci ion wh ther such contract shall be made available shall be made by the authority, committee, or commission provided in Rule 4 of thi Article, or uch agency as it may designate. On a change in the posted price, no adjustments, allowan es, cr dit , or refunds shall be given to any buyer on deliverie already made. Abnormal deliveries in anticipation of price advance and acceptance of order for subsequent deliveries at prices eff ctive befor advances are prohibited. Rule 4-.-Re:fi.ners, distributors, jobbers, wholesal r , r tailer , and others engaged in the sale of petroleum hall not ell an uch r fin d petroleun1 products below cost of manufacturing or imp rtati n into the State where offered for sale, plus reasonable exp n es in th co t of marketing a ob erved under prudent manag ment, fix d tax and in pection fee by the Federal or tate Government, r an p liti al ubdivi ion thereof, provided, how ve r, that any p r n i penni to meet competition in violation of this rul c ncerning whi h h ha made complaint to the Planning and C ordinati n n1nli te r any authoriz d agency thereof, but only p nding a ti n h r on. An authority, cmnmittee, r commi ion d l ga ed by th ati nal R ov ry Admini tration for uch urpo hall r c i mpl. int of violation f thi rule and make u h inv i O'ation an / r h l u h h arinO' a it d em n ary t d t rmin \\ h h r th pri plained f ar in vi lati n of thi rul . Rule 5.-Th ch dul e of redit atta h h r t 'B" i h ad pt d b th p tr l urn indu tr f r dit t b appli ab l to all d li ri m d af r h f thi d . Th gr n ing f a 1 nO' r t nn f r di r ]ar r r t of di un b an r r, di tribu r j bb r wh 1 al r r r ail r than that ll w d y thi h dul hall n ti ut nn unfair m h f r 1n liv dnl f

PAGE 15

13 -products manufactured therefrom, the business thereof shall be so conducted that the several branches of this industry, viz; producing of petroleum, refining, and marketing of refined products may be carried on upon a profitable basis and that no one or more of the said branches shall obtain or receive excessive or disproportionate gain or profit therefrom to the exclusion of any other branch of this industrv. 7.-Refiners, distributors, jobbers, wholesalers, or retailers shall not hereafter sell, lease, loan, or otherwise furnish to consumers of petroleun1 products or to anyone engaged in the sale of petroleum products at retail, any pumps, tanks, air compre. ors, greasing equipment or guns, lubsters, or other equipment or accessories (excepting only pump globes and the usual advertising signs, for the storage, display, vending, delivering, or consumption of petroleum products, except as otherwise provided in paragraph 3 of this rule. Notwithstanding the prohibition hereinabove contained, any cooperative society, association, or corporation of the type described in Rule 29 of this Article shall be permitted to purchase for cooperative distribution to any member or members thereof, equipment of the kind hereinabove described, intended for exclusive use by such member or members. If equipment of this kind, type, or description hereinbefore mentioned now in operation becomes damaged, destroyed, or worn out, it shall not be replaced by any refiner, distributor, jobber, or wholesaler. The equipment of the kind, type, or description hereinbefore mentioned, furnished, loaned, or leased before June 15, by any refiner, distributor, jobber, or wholesaler to or installed with any retailer or consumer shall, at the expiration of any contractural relation, and on the request of such retailer or consumer, be sold by such refiner, distributor, jobber, or wholesaler to such retailer or consumer, or, in the absence of a sale of such retailer or consumer as herein provided, shall be sold by the refiner, distributor, jobber, or wholesaler, who has made the loan, to any other refiner, distributor, jobber, or wholesaler who is about to begin supplying petroleum products to such retailer or consumer, on the request of such other refiner, distributor, jobber, or wholesaler at the original invoice price plus actual cost of installation, less a depreciation of 15% per annum, but in no event at a price lower than that fixed in the schedule hereto attached, marked AppendL'>: "A". In the event of a purchase as herein provided by such other refiner, djstributor, jobber, or whole saler, such equipment may be loaned, leased, or licensed to the retailer or consumer at such location by any new supplier subsequently acquiring title thereto. This rule does not apply to the sale of equipment by the manufacturer thereof where such sale is not conditioned upon the purchase of use of petroleum products. This rule does not apply to special eqwpment used in conn ectjon with the sale and distribution of propane, butane, and other liquefied petroleum gases. Rule B.-Refiner , distributors, jobbers, wholesalers, or retailers shall not construct repair, lease, loan, or furnish driveways, buildings, canopies, air com pre sors, grease lifts or pits, grease equipment, grease guns, air towers, light poles, flood lights, material for driveways, buildings, or canopies, or any other equipment of any character whatsoever in connection with service stations or the storage, display,

PAGE 16

14

PAGE 17

15 Refiners, distributors, jobbers, or wholesalers may sell paint to a .ny other refiner, distributor, jobber, or wholesaler. Nothing hereinabove contained shall prevent any cooperative society, association, or corporation of the type defined in Rule 29 of this Article, from buying paints for ' cooperative distribution to any member or members thereof, provided that the purchase or sale of such paints shall not be conditioned upon the purchase or sale of petroleum products. Rule 11 .-Except in such cases as constitute exceptions to the pro hibitions contained in Rules 7 and 8 of this Article, refiners, distributors, jobbers, or wholesalers shall not lend, lease, or otherwise furni h any equipment of any character, whatsoever, except trademarked pump globes and other usual advertising devices, to anyone purchasing or receiving petroleum products by tank car, tank barge, truck train, or pipe line or to anyone selling petroleum products for resale or consumption. Rule 12.-When any pump, tank, or other device for the storage, display, consun1ption, handling, or sale of na .phtha, gasoline, motor fuel, or lubricating oil, bears the name, trade mark, or trade name of any person, firm, association, or corporation engaged in the manufacture or sale of any such commodity, no other person, firm, association, or corporation shall deliver into or deliver for sale from such pump, tank, or other device, or any tank or other container connected therewith, any naphtha, gasoline, motor fuel, or lubricating oil, other than that n1anufactured, sold, or distributed by the person, firm, associa tion, or corporation whose name, trade mark or trade name is so affixed. No person, firn1, association, or corporation shall in an way knowingly be a party to the substitution of one grade or brand of naphtha, gasoline, motor fuel, or lubricating oil, for another. Rule 13 .-Refiners, distributors, jobbers, or wholesalers, shall not loan money to retailers or others engaged in the sale of petroleum products, or to consumers, for any purpose whatsoever and shall not extend any credit to any retailer or to anyone engaged in selling petroleum products to consumers except for merchandise sold for resale. Refiners, distributors, jobbers, or wholesalers shall not pay for or reimburse to any retailer or consumer, either directly or indirectly any property tax, privilege tax, license fee or tax, inspection fee or tax, chain-store tax, or any other charge, tax, or in1post levied or assessed by any taxing authority upon any retailer or consumer in connection with the operation of any pla . ce or facility for the sale of petroleum products, nor advance money for the same. Rule 14.-Refiners, distributors, jobbers, or wholesalers shall not pay rentals or otherwise pay for the privilege of displaying advertising on premises where naphtha, motor fuel, lubricating oil, grease, kero sene, or heating oil are sold. R ,ule 15.-No refiner, distributor, jobber, wholesaler, or retailer or other person engaged in the sale of petroleum shall knowingly induce, attempt to induce, or assist a party to break a then eh.ri ting written contract for the sale of petroleum products or a then existing lease of the premises used for the sale of petroleum products between that party and another. No refiner, distributor, jobber, wholesaler, retailer, or other person engaged in the sale of petroleum products shall sell or deliver any naphtha, gasoline, motor fuel, lubricating oil, grease, kerosene, or

PAGE 18

lG heating oil to anyone knowing that such sale or delivery will violate . or prevent the performance of a then existing written contract between the person to whom the sale or delivery is made and another. No contracts in violation of this code are protected under this rule. Nothing herein contained shall preclude the sale or delivery of any naphtha, gasoline, motor fuel, lubricating oil, grease, kerosene, or heating oil to any person who justifiably refuses further compliance with any e.Aristing written contract. Rule 16 .-Lotteries, prizes, wheels of fortune, or other games of chance shall not be used in connection with the sale of petroleum products. Rule 17.-Except by permission of the Planning and Coordination Committee, refiners, distributors, jobbers, wholesaler , retailers, and others engaged in the sale of petroleum products shall not give away oil, premiums, trading stamps, free goods, or other things of value, or grant any special inducement in connection with the sale of petroleum products. Rule 18.-Except by permission of the Planning and Coordination Committee, gasoline shall not be sold or delivered from tank wagons or trucks to motor vehicles except in emergency cases. Rule 19 . -Pending decision by the Federal Trade Commission as to whether the lease and agency, lease and license methods of marketing of petroleum products constitute an unfair trade practice: (a) No new contract shall be written under either method, (b) Any such contracts now in effect shall not be renewed for a period exceeding one year, and the cancellation privilege shall be on notice not exceeding thirty days, (c) Provisions of rules 7 and 8 shall apply in all in tance to xi ting lease and agency and lease and licen se con tract , and to rene wal , a above defined, (d) Insofar as lease and agency and lease and licen e agreen1ent are concerned, the provisions of Rule 15 shall not apply to oliciting the sale and purchase of petroleum products, and (e) Should the Federal Trade Commission fail to render a final decision on the validity of lease and agency and le a and li e n e: agreements within 60 days of the effective date of thi code th President, or agency designated by him, n1ay mak a final deci ion prohibiting such marketing methods, or authorizing then1 withou onclition or upon such conditions a he or it n1ay pre ribe r th Pr ident or agency designated by hin1 n1ay, in hi or it di r tion temporarily prohibit the u e of su h n1ark ting rn thod p ndino-th d ci ion of the F deral courts, or he or it rna ten1p rarily auth riz such method p nding d i sion of th omnlis i n and of th ourt either without con di tion or upon u h onditi n a h pr cribe. Rule 2 0 . R fin r , di tributor , j bber , r wh I al r s rvice or :fillin tation r it f r am and m( y fully ta tion r it and rna 1 <.l , p rat , r li en u h ta t1 n r grant ali n t anyon t op rat u h ta i n f r th li tributi n f p tr I mn pr du t rnanufa tur d r ll y u h r fin r dis-tributor, jobb r, r v h l al r, r u h r fin r di tri ut r j l r r wh l .., 1 r m y rnp1 y an? n a ao-n f u h r fin r di tribul r j b b r, r w h I .., 1 r f r h al f p r I mn r d u th r n t .

PAGE 19

17 Rule 21.-No one shall make any delivery of naphtha, gasoline, motor fuel, kerosene, range oil, lubricating oil, or heating oil at any refinery, terminal, or bulk plant to a reseller into any wagon, truck, tank wagon, or tank truck owned or operated by or for such reseller. The term "reseller" as herein used shall not be construed to include any agent selling such cmnmodities on a commission basis. Deliveries may be made in exchange for similar commodities received by the perBon making the deliveries from the person to or for whom the delivery is made. Nothing in this rule contained shall apply to deliveries made to bona fide jobbers either in their own vehicles, or for their account, from refineries, terminals, or bulk plants. Rule 22 . Refiners, distributors, jobbers, wholesalers, or retailers shall not render any burner service in connection with the sale of heating oils and fuel oils unless a fair and reasonable charge is made for such service, which in no event shall be less than $10.00 p e r year and an additional charge made for the replacement of any parts at not less than their reasonable cost. Nor shall any refinery, distributor, jobber, wholesaler, or retailer grant a commission of any kind to any person other than a regular employee of such refiner, distributor, jobber, wholesaler, or retailer in connection with such sales unless there is a contract between such refiner, distributor, jobber, wholesaler, or reta iler and a deal er, distributor, or manufacturer of oil burners providing for the payment of a commission to the latter for the sale of heating oils and fuel oils to oil burner users where such sales are evidenced by signed contracts. This rule is not to be construed to prohibit advisory service. Refiners, distributors, jobbers, wholesalers, or retailers shall not sell to consumers of heating oils and fuel oils for delivery by tank wagon or tank truck on a contractual basis for a period exceeding twelve months. No refiners, distributors, jobbers, wholesalers, or retailers shall knowingly sell any heating oil or fuel oil to consumers in tank car lots unless said consumers have faciliti es for receiving and storing tank car lots. Rule 23.-Refiners, distributors, jobbers, wholesalers, and retailers shall permit any duly authorized employee, agent, or representative of the Planning and Coordination Committee to make any inspection or examination of books, records, contracts, plants, or stocks of merchandise to determine if there has been any failure to comply with the provisions of this Code or any failure of the refiner, distributor, wholesaler, or retailer, or by any other person, firm, or corporation to pay any tax required to be paid because of the receipt, sale, or use of any naphtha, gasoline, motor fuel, lubricating oil, greases, kerosene, range oil, heating oil, or any other petroleum product. Rule 24.-Evasion of taxes in the sale of petroleum products gives to evaders an undue and unlawful advantage over legitimate marketers and is unfair competition within the meaning of the National Industrial Recovery Act. Rule 25.-The broadcasting or publishing, in any manner, of a claim, representation, or implication which leads to a false or incorrect con clusion in regard to the goods, prices, or service of the advertiser, or in regard to the goods, prices, or services of a competitor, or which lays false claims to a policy or continuing practice of generally under-

PAGE 20

18 selling competitors, is an unfair and unecononuc practice and is prohibited. Rule 26.-In all sales of trade-marked or branded petroleum products for resale, refiners, distributors, jobbers, or wholesalers may, by contract, require purchasers to sell at prices therein designated for such resale; and may further require that if such products are thereafter sold by such purchaser for resale, that the original purchaser shall incorporate a similar provision in the contract with its purchaser for resale. Any purchaser who agrees to sell any refined petroleum products at the prices designated therefor by the refiner, distributor, jobber, or wholesaler from whom purchased shall make all sales thereof at prices not less than those so designated. Rule 27 . -The unauthorized u e by any person, firm, or corporation of the trade mark, trade slogan, insignia, or emblem of any trade association in the petroleum industry, or the assertion or claim, by advertisement or otherwise, by any person, :firrn, or corporation that he or it is a member of any such association when in fact not a member thereof, shall be an unfair trade practice. Rule 28 . -The provisions of this Code shall not prevent an associa tion, soc iety, or corporation organized or incorporated on the cooperative plan under any law or any State, territory or District of Columbia or of the United States as d efined in Rule 29 of Article 5 of this Code from paying patronage dividends to the members or stock hold ers of such an organization in accordance with the provisions of the law, the articles of association, articles of incorporation, and/or by the laws of such association, society, or corporation, and the payment of such patronage dividends by such cooperative organizations shall not be construed as a violation of this Code, nor shall the payment or distribution of such dividends be con trued under this Code as an unfair method of competition; it being pecifically und rstood that such dividends shall not be paid to nonmemb rs or nonstock holders. Rule 29.-All Farm Cooperative Soci ties As ociati n and/or Cor porations organized under the laws of any stat , territory, or Di trict of olumbia or of the United State , member hip in which i re trict d to persons whose chief source of livelihood is farming or other p rativ organized and existing on July 1, 1933, and whi h omply ''ith paragraph 12, section 103, of the revenue a t of 1932, nd whi h i -tribute th ir patronage dividend to u h m rnb r nly h II b exempted from certain provi ion of he ti le 5 a h r inb f re specified; provid d, however, th y hall b oth r i e fully ubj t to the pro vi ions of Article 5. Rule 30. -Thi od hall not appl to contract a tuall pri r to th dat on whi h this od i formally appr eff tiv ate of thi o it hall pply to all u h n ra t a a any an ellation or t rminati n h r f can b l O'fill a Thi d ball a ly t all c ntr t mad a.ft r h at. n' hi h tbi d i f rm l1 pprov d nd h. U appl_ t all r n wal mad f r h dat f ntra t n , pri r th r t . r vr 1 n f thi d h ll n n 1 I 1 t trnn a ti n b w n r , ffili l d llll ani n1pnni hall 1 n . i r d l ffili, d wh n wn th mnj rit f th ut nndi1 rr 01 it 1 1 -f th h r, n wh n th In< j rit. f th ut n lin it. l ] f h i h ld r th < m indi, i lu l,

PAGE 21

19 tion, or, in the case of cooperative associations as defined in Rule 29 of Article 5 of this Code, when the local associations collectively own the majority of the outstanding stock of the central coperative asso ciation. The parent companies owning the majority of stock in other companies shall be responsible for the observance of such subsidiary or affiliated company of the provisions of the rules of this Code. The provisions of this Code shall not apply in respect to sales made in the United States for export to foreign countries. Rule 31.-A violation of any of the rules of this Code shall constitute an unfair method of competition. In the event any rule of this Code, or part of any such rule, should be disapproved or held invalid, such action shall in no way affect any other rule or part thereof. ARTICLE VI-TRANSPORTATION The transportation subcommittee of the Planning and Coordina tion Committee shall investigate transportation practices and rates, and shall from time to time recommend to the President such action as may be appropriate to be taken under the National Industrial Recovery Act, or otherwise. ARTICLE VII-ORGANIZATION SECTION 1. The administrative machinery for the effectuation of this Code shall consist of: (a) The Planning and Coordination Committee, representing the petroleum industry and the National Recovery Administration. (b) A Federal Agency to be designated by the President. SEc. 2. The Planning and Coordination Committee shall consist of fifteen members, three of whom (without vote) shall be representa tives of the National Recovery Administration and appointed by the President and twelve of whom shall be representatives of the petroleum industry, and, for purposes of immediate organization, appointed by the President from nominations made by a group or groups within the industry in such manner as may be prescribed by the President. SEc. 3. The Planning and Coordination Committee is set up to co operate with the Administrator as a planning and fair-practice agency for the petroleum industry. Such agency may from time to time present to the Administrator recommendations which will tend to effectuate the operation of the provisions of this Code and the policy of the National Recovery Act and is charged in particular with endeavoring to promote the fullest possible cooperation with state regulatory bodies. SEc. 4. The Planning and Coordination Committee shall have a Chairman from its own membership and the following working tech nical subcommittees: (a) Statistical Committee. (b) Production Committee. (c) Refinery Committee. (d) Marketing Committee. (e) Accounting Committee. (f) Labor Committee. (g) Adjustment Committee. (h) Transportation Committee.

PAGE 22

20 SEc. 5. The Federal Agency designated by the President shall make such estimates of petroleum requirements and such recommendations, allocations, and inventories as may be required for the effectuation of this Code. SEc. 6. In order to provide necessary data upon which to base its studies for the purposes of this Code, the Federal Agency designated by the President and the Planning and Coordination Committee are empowered to call upon the industry for the necessary statistical and other reports and any refusal to supply such reports is a violation of this Code . •

PAGE 23

APPENDICES APPENDIX A Schedule of Equipment Prices to be Used as a Basis o f P urc hase or Sale B etween O i l Companies BLIND GASOLINE PUMPS Net Lower Tha n All makes of Blind Pump , including Duplex and all i zes 1 to 5 gallons capacity_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . 20. 00 VISIBLE PUMPS 5-gallon dry or "et hose Vi ible , 10-or 15-gall o n Dry Hose Visi b l e. Dual Bowl Visible ( all types), 5-gallon blind pumps with 5 or 10 Visible attachment, Remote Control Vis ible Air-lift Vi ible : All of the above _____________________________________________ _ 10-and 15-gallon Vi ible W e b Hose, all makes ___________________ _ 10-or 15-gallon Vi sible Web Hose, e lectric po'\\er operated ________ _ ELECTRIC METER PUMPS 20. 00 40. 00 50 . 00 Electric Flow Meter Pump , with or without air separator____________ 45. 00 Elect ric Di placement Meter pump , without air separator_ ___________ 70. 00 Electric Di placement Meter Pumps, with air eparator___ ____________ 85. 00 On any of the above pumps furnished in Twin type the price shall be double that of the single unit. GASOLINE BUGGIES OR WHEEL TANKS Any capacity, identified b y Underwriters LabeL_____________________ 50. 00 Same as above, not identified by l!nderwriter s_______________________ 25. 00 SKID TANKS WITH PUMPS Skid tanks used for ga oline, k e ros e n e, or ill tilla+e, up to 550-gallon capacity, equipped wi t h pump, any type ____ _______ ______ _________ 25.00 COMBINATION GASOLINE OR KEROSENE UNDERGROU D TANKS WITH PUMPS 100o 200-gallon capacity, with 1 gal. or rotary pump____ _ _ __________ 25.00 MISCELLANEOUS PUMP EQUIPME T Hydraulic Systems, Drop Cylinder Jobs, Remote Control Systems, and any other special type of equipment, including airport equipment and equipn1ent used to serve marine trade, etc., sha ll be considered special equipment. Purchase or sale price shall be arrived at by joint appraisal on the premises. UNDERGROUND TA KS Underground Tanks shall be bought or sold at prices sho\\"TI below, wmch include all installation costs, labor, materials, freight, ete., up (21)

PAGE 24

22 to and including the installation of the pump itself (value of pun1p not included) on the following basis: 280-gallon tank _____________ _____________ ___________ , 35 . 00 550-gallon tank__________ ___________________________ 50. 00 1, 000-gallon tank______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7 5. 00 2,000-gallon tank _ _ ______ _______ _____ _ _ ____ ____ _ ______ 100. 00 These prices are for tanks of any specification, galvanized or black steel as now installed. Capacities of tanks shown above are normal sizes and may var 10% more or less. For each additional pump installed on one tank add $10.00 for installation cost. Where the original installation of the tank and piping involved the removal and replacing of concrete, an allowance of 25. per quare foot, with a maximum allowance of 60 square feet for each tank and 60 square feet for pipe trench, shall be added to price of the re pecti e size tank. Where tanks are installed under unusual conditions due to ordinance. or regulatory restriction which resulted in excessive costs, the purcha e or sale will be based on the actual cost of such installation less 10% p r annum depreciation on equipment and material used plus actual lab r cost; Odd-size tanks not covered by the above classification shall be bought and sold at a price interpolated between those specified. Underground tanks, and any part of the underground installation in connection therewith, may be repaired or replaced by the owner thereof. If replaced, the new tank shall be of the same capacity a original and the original removed from the premi es or made unfit for use. AUTOMOBILE LIFTS, RACK , AND PIT Automobile lifts of plunger type will be bought or sold at the in i pri c e date of seller' purchase, plus freight, le s 15% p r annum d pr i ation from date of invoice, plus a flat installation charg of $40.00, plus an allowance for concrete, if any, installed by own e r of lift up t a ma:>rimum of 400 square feet, ba ed on 20 cents p r quar f o . Portable steel automobile lift , grease and wa h ra k will bought or sold on invoice price date of e ll er's pur ha plu freio-ht less 25% for depreciation and obsol cenc per annum from da f invoice. No allowance for installation co t. Pit and nonportable racks will b bought or ld on a ba i f j int. apprai a l on th pr mi at tim of x hang COMPRE KER 1 at t h f 11 wincr 1 ri

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23 ROUND PORTABLE KEROSENE TANKS Equipped with pump. 60-to 120-gallon capacity _____ _ _________ _____ _ ___ ___ _ _ _ __________ --$6. 00 RECTANGULAR KEROSE E TANKS Equipped with pump. 60-to 65-gallon capacity______ ______________________ _______ _ _ _ _ _ ___ 12.00 CELLAR KEROSENE OUTFITS Equipped with stand pipe and pump. 60-to 120-gallon capacity installed ____________________________ each __ 250-to 270-gallon capacity in talled ______ ____________ _ _ _ _ ____ each __ 50-to 120-gallon miscellaneou faucet tanks and tin pump tanks _______ _ LUBRICATING OIL EQUIPMENT 40. 00 70. 00 2. 00 50-gallon round lubricating oil tank__________________________ _ _____ 3. 00 60-gallon square lubricating oil tank_______ _____ ____ ____ _ _ _________ _ 3. 00 15-gallon rectangular lubricating oil tank__ _ _ _ _ ______ _ _______________ 3. 00 30-gallon rectangular lubricating oil tank__ ______ _ ____ _ _ ___ __ ___ _____ 7. 00 60-gallon rectangular lubricating oil tank______ ________________ ______ 9. 00 60-gallon 2-compartment lubricating oil tank____ _ _____ __________ _ _ _ _ 10. 00 90-gallon 3-compartment lubricating oil tank____ ____________________ 15. 00 Any of the above lubricating-oil equipment, equipped with meter add $1.50 to the above price. 1-quart oil bottles ___________ ________________ _ _ _ _ _ _ _____ _ _ _ _ each__ 0. 10 Tray for 1-quart oil bottles_ ____________________________________ _ _ _ . 25 l -quart barrel pumps___________ _ ______ _ _ ________________________ _ 1. 00 Miscellaneous lubricating equipm.ent such as air systems, built-in installations, underground installations, miscellaneous portable equipment, etc., not specifically mentioned in the above lubricating-oil equipment shall be considered special and the purchase or sale price shall be arrived at by joint appraisal on the premises. GREASE EQUIPME T 25-lb. grea e bucket or kit without motor_ _________________________ _ Same a above with motor _____ _ _ _ _______________________________ _ 100-lb. grease outfit without meter_ ____ _ __________________________ _ Same as above with meter _______________________________________ _ No charge for dolly in connection with the 1 00-lb. grea e outfit. $3. 00 7. 00 3. 00 7. 00 Miscellaneous grease equipment such as built-in installations, portable equipment, power guns, special portable guns, hand guns, grease gun boards, etc., not specifically mentioned in the above grease equipment shall be considered special and the purchase or sale price shall be arrived at by joint appraisal on the premises. Where grease boards furnished by supplier carry trade mark advertising which cannot be readily effaced by any practical means, supplier shall remove from the premises. MISCELLANEOUS EQUIPMENT Air and water standards, flood lights, and lamp posts or any equipInent not specifically mentioned herein will be bought or sold on a basis of joint appraisal on the premises at the time of exchange.

PAGE 26

24 Sign posts will be considered as property of oil company and shall be remo ve d. All signs owned by oil company may be bought or sold by joint appraisal. ARBITRATION In case any dispute arises over prices and values of all the respective equipment h erei n mentioned whi c h do not definitely state a price, the suppliers involved shall choose an arbitrator who shall be a disinterested representative from some other oil company in the immediate vicinity, to whom the suppliers shall present their case. The d ecisio n of t he arbitrator chosen shall be final. APPENDIX B MAXIMUM CREDIT TERMS Credit Terms (1) Gasolin e and Kerosene Sales: In tank-car and barge shipments ___ ______ _ _ _ _______ _ In tankwagon deliveri e s _ ________ _ _ _ ____ __________ _ Servicestati on deliveries _ _ _______________ _ _______ _ _ Coupon book , in denominations o f not l ess than ten dollar , may be s old at face valu e, without di scount, for cash, or on c r ed i t payable net in thirty day . Coupon books i s ued by any company may be redeemed by any reta il outlet w h ere the trade-marked products of t hat company are sold. Truck-Train Deliverie from r efineri e and terminal or bulk plant to jobber ' bulk plant (3,50 0 gall n o r over). (2) Gas Oil and Fuel Oil a les: I n tank-car or arge hipm nt , or d liv r i t hip burner . Truck-Train D liY ri : Fro m r fin ri , and t rminal r bulk plant t j bb r ' bu I k plant ( 3,500 gall n r \ ' r ). T o o n um r . --------------------------------One percent 10 day from date of hipment, net 3 0 days. One percent on ight draft payment. Load-to-load, for net 15th proximo. No ca h di count. Coupon or payment , net in thirty da . ne p e r ent 10 day fr o m late f hipm nt, net 3 day . n per ent n i h draf payment. n draft

PAGE 27

25 (3) Lubricating-Oil and Grease Sales: I n tank-car and drum-car shipments: Unbranded oils and greases ____________________ _ Branded oils and greases ______________________ _ L. C.L. Shipments: One percent 10 days from date of shipment, net 30 days or 3060-90 -day trade acceptances. One percent 10 days from date of shipment, net 30 days, or 30-60-90-da y trade acceptance. All oils and greases ____________________________ One percent 10 days or Truck and tank-wagon deliveries: All o il s and greases ___________________________ _ Service-Station Deliveries __________________ _ ______ _ 0 net 15th proximo. One percent 10 days, net 15th proximo. Coupons or payments net in 30 days.

PAGE 28

UNIVERSITY OF FLORIDA II I \1 \\\Ill Ill Ill \Ill\ Ill\\ \1 \Ill l\\l\1 Ill Ill\\ II Ill\ Ill\ \\Ill I l 3 1262 08852 5778