xt7msb3wtd0h_35 https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/mets.xml https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/72m2.dao.xml unknown 166 Cubic Feet 381 document boxes, seven textile items, three map folders, one artwork archival material 72m2 English University of Kentucky The physical rights to the materials in this collection are held by the University of Kentucky Special Collections Research Center.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Frederick Moore Vinson papers Economic stabilization. Elections -- United States -- Congresses. Judges -- Correspondence. Judges -- United States. Judicial opinions Judicial process -- United States Legislators -- Correspondence. New Deal, 1933-1939. World War, 1914-1918 -- Veterans. World War, 1939-1945. Marshall - general text Marshall - general 2019 https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/72m2/Box_166/Folder_8/Multipage4157.pdf 1951-1953 1953 1951-1953 section false xt7msb3wtd0h_35 xt7msb3wtd0h Supreme C’ourt of the United States

Memorandum

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 LS GOVLHNNQNT PRINTING OFFICE

Mr. Thomas E. Waggaman

marshal

Supreme court of the Uniteo States
Washington 25, b. c.

bear Sir:

National Prouuction authority
issueo February 27, 1951, provioes

(ashington 25, L.

U»

March lb, 195l

Regulation No. 4, and birection No. l,
a uniform proceuure whereby business

enterprises, government agencies, ane public or private institutions may
use a DO rating to procure maintenance, repair, anu operating supplies
(commonly referreo to as "MRO"),

Printing for the administrative neeos of any Feoeral agency, is con—

siuereu as operating supplies.

In order, therefore, that we night better

meet your printing requirements it is suggesteo that you rate each requi~
sition (Stanoarc Form 1 ano your purchase oruers for supplies), with the
b0 97 (or the suecific no rating assigned to your agency) provioeu by

Section 3, Regulation No. 4‘ These n0

procure necessary supplies.

Quarterly quotas must be

the LO'QT rating as provided in Section 4.0T the regulation.

establisheo by each agency magin

ratings can be extenueu by us to

-g use of
For purposes

of charges against your quarter y quota record (Section 9)*you should

use the amount billed you by this Officeo

The rating may be apolied

(Direction l, Sections 2 anu 4) for that part of the first calenuar

quarter of l95l, between the effective

27) anu April l,

It is believed that the requesteu
printing ano binning oruers will be of
agencies anu facilitate the processing

date of the regulation (February

application of your rating to
mutual benefit to our respective
of your reouisitionsw Since the

present quarter expires within 2 weeks, your COOperation in giving the
matter prompt attention will be appreciateu.

Very

by:

(S)

truly yours,

JOHN J. DEVINY
Public Printer
Jr h. crouericK

J. bRObERIch
Planning Manager.

T'I
IV a

 

 Reg. 4
and Dir. 1

FEB. 27, 1951

U. 5. DEPARTMENT OF COMMERCE
NATIONAL PRODUCTION AUTHORITY

TITLE 32A—NATIONAL DEFENSE,
APPENDIX

Chapter Vl—Notibnal Production Au-
thority, Department of Commerce
[NPA Reg. 4]

REG. 4—MAerNANCE, REPAIR AND OPER-
ATING SUPPLIES AND Mmoa CAPITAL
Ann nous

This regulation is found necessary and
appropriate to promote the national de-
fense and is issued pursuant to the De-
fense Production Act of 1950. In the
formulation of this regulation, there has
been consultation with a number of in—
dustry representatives including trade
association representatives, but it has
been impracticable to consult with all
affected industries because the regula-
tion applies to all trades and industries.

Sec.
. What this regulation does.
. Definitions.
. D0 rating assigned.
. Quarterly MRO quotas.
. Quantity restrictions.
. Materials obtained for another‘s benefit.
. Use of material.
. Relation to other regulations.
. Records and reports.
10. Adjustments and exceptions.
11. Communications.
12. Violations.

AUTHORYTYI Sections 1 to 12 issued under
sec. 704, Pub. Law 774, alst Cong. Interpret
or apply sec. 101, Pub. Law 774:, Blst Cong;
sec. 101, E. 0. 10161, Sept. 9, 1950, 15 F. R.
6105: sec. 2, E. 0. 10200. Jan. 3, 1951, 16 F. R.
61.

SECTION 1. What this regulation does.
This regulation provides a uniform pro—
cedure by which any business enterprise,
Government agency, or public or private
institution may use a DO rating (identi-
fied by the symbol “D0~97") to obtain
limited quantities of maintenance, re-
pair and operating supplies (hereinafter
collectively referred to as ”MRO") as
well as minor capital additions. The
regulation does not limit the quantity of
MRO or capital additions that a person
may obtain without using this DO rat-
ing, except that, if he makes any use of
the rating in any particular calendar
quarter, his total acquisition of MRO
(rated and unrated) for such quarter
becomes subject to the limitations of the
regulation. The rating may not be used
to secure materials for personal or
household use.

See. 2. Definitions.
this regulation:

(a) "Person" means any individual,
partnership, corporation, association, or
any other organized group and includes
specifically any business enterprise, Gov-
ernment agency, or institution. Where
such a “person” has more than one de-

For purposes of

partment, branch, plant, or other unit
which maintains separate MRO records.
each shall be treated as a separate “per-
son" hereunder.

(b) “Business enterprise” means law-
ful activity conducted for profit in the
United States (including its territories
and possessions).

(c) “Government agency" means the
United States, its territories and posses-
sions, any of the 48 States or the District
of Columbia, any political subdivision
thereof, and any agency of any of the
foregoing which is not a business enter-
prise.

(d) “Institution" means any lawful
organization, public or private, within
the United States (including its terri-
tories and possessions) which is neither
a business enterprise nor a Government
agency, and includes, more specifically,
institutions such as schools, libraries,
hospitals, churches, clubs, and welfare
establishments.

(e) “Maintenance" means the mini-
mum upkeep necessary to continue any
plant, facility. or equipment in sound
working condition, and “repair" means
the restoration of any plant, facility, or
equipment to sound working condition
when it has been rendered unsafe or
unfit for service by wear and tear, dam—
age, failure of parts, or the like. Neither
"maintenance” nor ”repair” includes the
improvement of any plant, facility, or
equipment by replacing material which
is in sound working condition with ma-
terial of a new or different kind, quality,
or design.

(f) “Operating supplies" means, in
the case of a business enterprise, any
materials which are normally carried as
operating supplies according to estab-
lished accounting practice, and also in-
cludes items (such as hand tools) pur-
chased by an employer for sale to his
employees for use only in his business
and under circumstances where they
would constitute operating supplies ac—
cording to established accounting prac-
tice if issued to his employees without
charge. In the case of a Government
agency or an institution, however, “oper-
ating supplies" means any materials
which are essential for conducting any
activity or rendering any service, provid-
ed such materials do not constitute cap-
ital equipment according to established
accounting practice b39ߣۣ9115umedin
the course of operation. Materials in-
corpma‘tedd'n a product ordinarily may
not be treated by the producer as oper-
ating supplies but may be so treated
where they are normally chargeable as
an operating expense according to estab-
lished accounting practice.

(g) “Minor capital additions” means
any improvement or addition carried as
capital according to established account-
ing practice where the total cost of ma—

terials used does not exceed $750 for any
one complete capital addition. The term
“one complete capital addition" includes
all items entering into the improvement
or addition as part of a single project or
plan whether or not installed or com-
pleted at the same time, and the cost of
all such items is to be included in figur-
ing the total cost of the addition regard-
less of whether they are acquired with or
without the use of a rating. No capital
addition shall be subdivided for the pur-
pose of bringing it or any part of it with-
in the foregoing definitions. Where the
capital addition requires construction,
authorization to construct must be ob-
tained wherever so required by any ap-
plicable order of the NPA.

(h) “MRO" means maintenance, re—
pair and operating supplies but does not
include minor capital additions. The
latter term is specifically used in this
regulation wherever the meaning so re-
quires. Products used for “MRO” (or
materials required for incorporation in
such products) shall not be deemed
“MRO" as to the producer of such prod-
ucts (except as provided in paragraph
if) of this section) even though he sells
them for use by others as “MRO." How-
ever, when he receives rated orders for
such products, he may extend the rating
to get materials to be incorporated in the
products. Materials or products sold by
a distributor thereof for use by others as
“MRO" shall not be deemed “MRO” as
to such distributor but, when he receives
rated orders for them, he may extend the
rating to get them.

SEC. 3. DO rating assigned. The NPA
hereby assigns to every business enter-
prise, Government agency, and institu-
tion the right to apply a DO rating to
obtain MR0 and minor capital additions,
subject to the quantity restrictions speci-
fied in section 5. Such DO rating shall
be applied by placing on the order for
MRO or minor capital additions, or on
a separate piece of paper attached to the
order or clearly identifying it, the symbol
“DO—9‘7" together with the words “Cer-
tified under NPA Regulation 4." Such
certification shall be signed as prescribed
in section 8 of NPA Reg. 2. This cer-
tification shall constitute a representa-
tion to the supplier and to the NPA that
the person making it is authorized under
the provisions of this regulation to use
the rating to obtain the materials cov-
ered by the order.

Sec. 4. Quarterly MRO quotas. Every
person making any use of the DO—97 rat-5
ing herein assigned must establish his,"
quarterly MRO quotes in accordance
with this section. In figuring such
quotas, he may include all expenditures
for MRO in the applicable 1950 base
periods, but not expenditures for minor
capital additions.

GPO—O—Com NPA 490—p. 1

 

 (a) Standard quota. A person’s
standard quarterly MRO quota, to be
ised unless he elects to use the seasonal
quota permitted by paragraph (b) of
this section, is one—fourth of the amount
he spent for MRO in the calendar year
1950 (or, if he operated on a fiscal year
basis, in his fiscal year ending nearest
to December 31, 1950). An election to
use either the standard quota or the
seasonal quota may not afterward be
changed without prior written authori-
zation of the NPA.

(b) Seasonal quota. A person may, if
he so elects, take as his quarterly MRO
quotas the amounts he spent for MRO
in the corresponding quarters of the
calendar year 1950 (or, if he operated on
a fiscal year basis, in the corresponding
quarters of his fiscal year ending nearest
to December 31, 1950).

(C) Quotas where 1950 base inappli-
cable. A person not in operation
throughout the year 1950 (calendar or
fiscal) shall establish and report his
quarterly MRO quotas as follows:

(1) Partial operation in 1950. A per-
son who was in operation during a part
of the year 1950 (calendar or fiscal)
shall compute the amount he would
have spent for MRO in that year, had
he continued throughout the year the
same rate of expendiutre for MRO as
during that part of the year when he
was in operation, making such reason—
able corrections as necessary to com-
pensate for seasonal or other exceptional
characteristics of the period of actual
operation, so that the yearly amount so
computed will be fairly representative of
the year as a whole. His standard quar—
terly MRO quota shall be one—fourth
)f the amount so computed, If he
elects to use seasonal quotas, he may
apportion the amount so computed into
four seasonal quarterly MRO quotas, in
accordance with the seasonal demands
of the activity in which he is engaged.

(2! No operation in 1.950. If a per—
son was not in operation in any part of
the year 1950 lcalendar or fiscal), his
quarterly MRO quota lstandard or sea«
sonall shall be the minimum amount of
MRO which he determines to be reason-
ably necessary for his operation, but not
in excess of $5.000 per quarter. If such
quota is insufficient, an application for
an increased quota may be made as pro-
vided in section 10.

'3) Notice to NPA. Any person who
establishes a quarterly MRO quota in
excess of $1,000 under the provisions of
subpai'agraphs ll) or 12) of this para-
graph must. Within 30 days after his
first use of a DO—QT rating pursuant
thereto, notify the NPA in writing of the
quota he has established, the base pe—
riod he has used, the method by which
he has figured the quota. and any cor—
rections he has made for seasonal or
other factors.

 prior to the
effective date of Reg. 4. Instead. he may
take one-half of such quota and consider
that as his remaining MRO balance
available for use until April 1, 1.951.

SEC. 3. Special adjustment whcrc quota
inadequate. A person whose quarterly
MRO quota is too small to provide him
with MRO and minor capital additions
needed for performance of DO rated
orders which he holds may. upon filing
an application for an increased quota
under section 10 of Reg. 4, consider his
application as approved by NPA unless
he is advised to the contrary) to the
extent that it calls for no larger MRO
quota than in fact needed for perform—
ance of DO rated business. He may ac—
cordingly take one half of such requested
quota as the balance remaining available
for use prior to April 1, 1951.

SEC, 4. Rating outstanding non-rated
orders. A person who, on the effective
date of Reg. 4. has outs'anding non-
rated orders for MRO or minor capital
additions which he would be entitled to
rate under Reg. ‘2. or who thereafter
places such orders without rating them,
may nevertheless apply the DO—97 rating
to them at any time while they remain
outstanding. If he so rates them prior
to March 15. 1951, such ratings and all
DO—QT ratings applied to new MRO
orders prior to March 15, 1951, shall take
effect as of March 15, 1951. All ratings
applied on or after March 15, 1951, shall
take effect only as of the dates when
applied.

SEC. 5. Re-rating outstanding orders
not required. A person who has placed
DO rated orders pursuant to section 5
of NPA Reg. 2, as amended January 11.
1951. for jigs. dies, tools. or fixtures used
directly in the production of rated orders,
need not re—rate such outstanding rated
orders by applying the 130—97 rating to
them regardless of their delivery; dates.
He need not cancel such outstanding
rated orders. even if they exceed his
MRO quota for one or more quarters.
but in the latter event they will exhaust
his quota so that no other MRO or minor
capital additions chargeable against it
may be obtained in such quarter or quar-
ters without specific authorization from
NPA.

This direction shall ake effect on
February 27. 1951.

NATION 91L Paonncrioi:
AUTHORITY,

NIANLY FLEisCHMANN,
Administrator.

GPO»»O—