(k) Reports from and access to books and records of code members. In the investigation of any complaint or violation of §§ 304.1-304.3, or of any rule or regulation the observance of which is required under the terms hereof, the Commission shall have power by order to require such reports from, and shall be given access to inspect the books and records of, code members to the extent deemed necessary for the purpose of determining the complaint. Any such order shall be subject to review as are other orders of the Commission. (1) Exemption of coal for producers' use. The provisions of §§ 304.1-304.3 shall not apply to coal consumed by the producer or to coal transported by the producer to himself for consumption by him.*t 304.3 Definitions of terms used in Bituminous Coal Code; scope. As used in §§ 304.1-304.3: (a) The term "Act" means the Act of Congress, entitled "An Act to regulate interstate commerce in bituminous coal, and for other purposes" (50 Stat. 72; 15 U.S.C., Sup., 828-851), known as the Bituminous Coal Act of 1937. (Sec. 21, 50 Stat. 91; 15 U.S.C., Sup., 851) (b) The term "Commission" means the National Bituminous Coal Commission established by said Act. (Sec. 2 (a), 50 Stat. 72; 15 U.S.C., Sup., 829 (a)) (c) The term "code" means this Bituminous Coal Code (§§ 304.1304.3) (Sec. 4, 50 Stat. 76; 15 U.S.C., Sup., 831) (d) Producers accepting membership in this code (§§ 304.1–304.3) as provided in section 5 (a) of the Act shall be, and are herein referred to as, "code members", and the provisions of §§ 304.1-304.3 shall apply only to such code members, except as otherwise provided by subsection (h) of part II of section 4 of the Act. (Secs. 4, 5 (a), 50 Stat. 76, 83; 15 U.S.C. 831, 835) (e) The term "coal" means bituminous coal. (Sec. 17 (a), 50 Stat. 90; 15 U.S.C., Sup., 847) (f) The term "bituminous coal" includes all bituminous, semibituminous, and subbituminous coal and shall exclude lignite, which is defined as a lignitic coal having calorific value in British thermal units of less than 7,600 per pound and having a natural moisture content in place in the mine of 30 per centum or more. (Sec. 17 (b), 50 Stat. 90; 15 U.S.C., Sup., 847) (g) The term "producer" includes all individuals, firms, associations, corporations, trustees, and receivers engaged in the business of mining coal. (Sec. 17 (c), 50 Stat. 90; 15 U.S.C., Sup., 847) (h) The term "interstate commerce" means commerce among the several States and Territories, with foreign nations, and with the District of Columbia. (Sec. 17 (d), 50 Stat. 90; 15 U.S.C., Sup., 847) (i) The provisions of §§ 304.1-304.3 and all rules, regulations, and orders of the Commission made pursuant thereto shall be applicable to all interstate commerce in coal, and shall also apply to all transactions in coal in intrastate commerce by any person or in any locality which the Commission shall by order, pursuant to section 4-A of the Act. declare to be subject to the provisions of section 4 of the Act **For statutory and source citations, see note to § 304.1. Page 25 and this code (§§ 304.1-304.3). (Secs. 4, 5 (a), 50 Stat. 76, 83; 15 U.S.C., Sup., 831, 835) [Order 4, NBCC, June 21, 1937, 2 F.R. 1062] 304.4 Annex to Bituminous Coal Code; schedule of districts.*+ *88 304.4 to 304.423, inclusive, issued under the authority contained in sec. 5 (a), 50 Stat. 83; 15 U.S.C., Sup., 835 (a), and follow Annex to Act-Schedule of Districts, 50 Stat. 91; 15 U.S.C., Sup., end of Chapter 17. †The source of §§ 304.4 to 304.423, inclusive, is Order 4, NBCC, June 21, 1937, 2 F.R. 1059–1062. 304.401 Eastern Pennsylvania. District 1. The following counties in Pennsylvania: Bedford, Blair, Bradford, Cambria, Cameron, Centre, Clarion, Clearfield, Clinton, Elk, Forest, Fulton, Huntingdon, Jefferson, Lycoming, McKean, Mifflin, Potter, Somerset, Tioga. Armstrong County, including mines served by the P. & S. R. R. on the west bank of the Allegheny River and north of the Conemaugh division of the Pennsylvania Railroad. Fayette County, all mines on and east of the line of Indian Creek Valley branch of the Baltimore and Ohio Railroad. Indiana County, north of but excluding the Saltsburg branch of the Pennsylvania Railroad between Edri and Blairsville, both exclusive. Westmoreland County, including all mines served by the Pennsylvania Railroad, Torrance, and east. All coal-producing counties in the State of Maryland. The following counties in West Virginia: Grant, Mineral, and Tucker.*+ 304.402 Western Pennsylvania. District 2. The following counties in Pennsylvania: Allegheny, Beaver, Butler, Greene, Lawrence, Mercer, Venango, Washington. Armstrong County, west of the Allegheny River and exclusive of mines served by the P. & S. R. R. Indiana County, including all mines served on the Saltsburg branch of the Pennsylvania Railroad north of Conemaugh River. Fayette County, except all mines on and east of the line of Indian Creek Valley branch of the Baltimore and Ohio Railroad. Westmoreland County, including all mines except those served by the Pennsylvania Railroad from Torrance, east.*† 304.403 Northern West Virginia. District 3. The following counties in West Virginia: Barbour, Braxton, Calhoun, Doddridge, Gilmer, Harrison, Jackson, Lewis, Marion, Monongalia, Pleasants, Preston, Randolph, Ritchie, Roane, Taylor, Tyler, Upshur, Webster, Wetzel, Wirt, Wood. That part of Nicholas County including mines served by the Baltimore and Ohio Railroad and north.*t 304.404 Ohio. District 4. All coal-producing counties in Ohio.*t 304.405 Michigan. District 5. All coal-producing counties in Michigan.*+ 304.406 Panhandle. District 6. The following counties in West Virginia: Brooke, Hancock, Marshall, and Ohio.*f 304.407 Southern Numbered 1. District 7. The following counties in West Virginia: Greenbrier, Mercer, Monroe, Pocahontas, Summers. Page 26 **For statutory and source citations, see note to § 304.4. Fayette County, east of Gauley River and including the Gauley River branch of the Chesapeake and Ohio Railroad and mines served by the Virginian Railway. McDowell County, that portion served by the Dry Fork branch of the Norfolk and Western Railroad and east thereof. Raleigh County, excluding all mines on the Coal River branch of the Chesapeake and Ohio Railroad. Wyoming County, that portion served by the Gilbert branch of the Virginian Railway lying east of the mouth of Skin Fork of Guyandot River and that portion served by the main line and the Glen Rogers branch of the Virginian Railway. The following counties in Virginia: Montgomery, Pulaski, Wythe, Giles, Craig. Tazewell County, that portion served by the Dry Fork branch to Cedar Bluff and from Bluestone Junction to Boissevain branch of the Norfolk and Western Railroad and Richlands-Jewell Ridge branch of the Norfolk and Western Railroad. Buchanan County, that portion served by the Richlands-Jewell Ridge branch of the Norfolk and Western Railroad and that portion of said county on the headwaters of Dismal Creek, east of Lynn Camp Creek (a tributary of Dismal Creek).** 304.408 Southern Numbered 2. District 8. The following counties in West Virginia: Boone, Clay, Kanawha, Lincoln, Logan, Mason, Mingo, Putnam, Wayne, Cabell. Fayette County, west of, but not including mines of the Gauley River branch of the Chesapeake and Ohio Railroad. McDowell County, that portion not served by and lying west of the Dry Fork branch of the Norfolk and Western Railroad. Raleigh County, all mines on the Coal River branch of the Chesapeake and Ohio Railroad and north thereof. Nicholas County, that part south of and not served by the Baltimore and Ohio Railroad. Wyoming County, that portion served by Gilbert branch of the Virginian Railway lying west of the mouth of Skin Fork of Guyandot River. The following counties in Virginia: Dickinson, Lee, Russell, Scott, Wise. All of Buchanan County, except that portion on the headwaters of Dismal Creek, east of Lynn Camp Creek (tributary of Dismal Creek), and that portion served by the Richlands-Jewell Ridge branch of the Norfolk and Western Railroad. Tazewell County, except portions served by the Dry Fork branch of Norfolk and Western Railroad and branch from Bluestone Junction to Boissevain of Norfolk and Western Railroad and RichlandsJewell Ridge branch of the Norfolk and Western Railroad. The following counties in Kentucky: Bell, Boyd, Breathitt, Carter, Clay, Elliott, Floyd, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, McCreary, Magoffin, Martin, Morgan, Owsley, Perry, Pike, Rockcastle, Wayne, Whitley. **For statutory and source citations, see note to § 304.4. Page 27 The following counties in Tennessee: Anderson, Campbell, Claiborne, Cumberland, Fentress, Morgan, Overton, Roane, Scott. The following counties in North Carolina: Lee, Chatham, Moore.** 304.409 West Kentucky. District 9. The following counties in Kentucky: Butler, Christian, Crittenden, Daviess, Hancock, Henderson, Hopkins, Logan, McLean, Muhlenberg, Ohio, Simpson, Todd, Union, Warren, Webster.** 304.410 Illinois. District 10. All coal-producing counties in Illinois.*+ 304.411 Indiana. District 11. All coal-producing counties in Indiana.*+ 304.412 Iowa. District 12. All coal-producing counties in Iowa.** 304.413 Southeastern. District 13. All coal-producing counties in Alabama. The following counties in Georgia: Dade, Walker. The following counties in Tennessee: Marion, Grundy, Hamilton, Bledsoe, Sequatchie, White, Van Buren, Warren, McMinn, Rhea.*† 304.414 Arkansas-Oklahoma. District 14. The following counties in Arkansas: All counties in the State. The following counties in Oklahoma: Haskell, Le Flore, Sequoyah.*+ 304.415 Southwestern. District 15: All coal-producing counties in Kansas. All coal-producing counties in Texas. All coal-producing counties in Missouri. The following counties in Oklahoma: Coal, Craig, Latimer, Muskogee, Okmulgee, Pittsburg, Rogers, Tulsa, Wagoner.*+ 304.416 Northern Colorado. District 16. The following counties in Colorado: Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jackson, Jefferson, Larimer, Weld.*+ 304.417 Southern Colorado. District 17. The following counties in Colorado: All counties not included in northern Colorado district. The following counties in New Mexico: All coal-producing counties in the State of New Mexico, except those included in the New Mexico district.*t 304.418 New Mexico. District 18. The following counties in New Mexico: Grant, Lincoln, McKinley, Rio Arriba, Sandoval, San Juan, San Miguel, Santa Fe, Socorro. The following counties in Árizona: Pinal, Navajo, Graham, Apache, Coconino. All coal-producing counties in California.*† 304.419 Wyoming. District 19. All coal-producing counties in Wyoming. The following counties in Idaho: Fremont, Jefferson, Madison, Teton, Bonneville, Bingham, Bannock, Power, Caribou, Oneida, Franklin, Bear Lake.** 304.420 Utah. District 20. All coal-producing counties in Utah.*† Page 28 **For statutory and source citations, see note to § 304.4. 304.421 North Dakota-South Dakota. District 21. All coalproducing counties in North Dakota. All coal-producing counties in South Dakota.** 304.422 Montana. District 22. All coal-producing counties in Montana.** 304.423 Washington. District 23. All coal-producing counties in Washington. All coal-producing counties in Oregon. The territory of Alaska.*+ Sec. Organization PART 306-DISTRICT BOARDS Sec. 306.26 Budgets filed with Commission. Powers and duties 306.30 May provide for analyzing coal; 306.31 May request data from code 306.33 May take samples of code mem- 306.34 Shall file report with Commission. 306.35 May ask consumer for analyses. 306.37 Method of making analyses. ORGANIZATION Section 306.1 Voting by qualified code members; proxies. Producers accepting membership in the code, as provided in section 5 (a) of the Act (50 Stat. 83; 15 U.S.C., Sup., 835 (a)), and in the orders and regulations of the Commission, shall be code members, and as such may qualify themselves to vote at meetings held pursuant to subsection (a) of part I of section 4 of said Act (50 Stat. 76; 15 U.S.C., Sup., 832 (a)). Each qualified code member may attend any meeting and vote in the manner provided in said Act (50 Stat. 72; 15 U.S.C. 828-851), either in person or by proxy but shall not be entitled to vote at any meeting on a cumulative basis. No person other than a qualified code member or his duly authorized proxy, as provided in this section, shall have any vote or voice at any meeting, or the right to participate in said meeting.** [Par. 9, Order 1, NBCC, May 24, 1937, 2 F.R. 918] **88 306.1 to 306.12, inclusive, issued under the authority contained in sec. 4, part I (a), 50 Stat. 76; 15 U.S.C., Sup., 832 (a). 306.2 Definition of qualified code member. A qualified code member within the meaning of §§ 306.1-306.3 shall be a producer as defined in said Act, who, prior to the date and hour of said meeting, **For statutory and source citations, see note to § 304.4. Page 29 |