Approved Code No. 102-Arnendment No. 1 Regi try No. 1329-1-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

SHOVEL, DRAGLINE AND 

CRANE INDUSTRY 

AS APPROVED ON APRIL 4, 1934 

WE DO OUR PART 

UNIV. OP' FL ua. 

-. 

TO~Y 

: 

' ' 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

For sale by the Superintendent of Documents, Washiniton, D.C. - - - - - - • • Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

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Boston, Mass. : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building, 

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Seattle, Wash.: 809 Federal Office Builc1ing. 
Approved Code No. 102-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SHOVEL, DRAGLINE AND CRANE INDUSTRY 

As Approved on April 4, 1934 

ORDER 

MoDIFI TION OF CoDE OF FAIR Col\,rPETITION FOR THE SnoVEL, 

DRAGLINE AND CRANE INDUSTRY 

An application having been duly made pur uant to and in full 

compliance with the provi ion of Title I of the J ational Industrial 

Recovery Act, apprm-ed June 16, 1933 for approval of the Supplemental Fair Trade Practice Provi ion of the Code of Fair Competition for the Shovel, Dragline and Crane Industry, and hearings 

having been duly held thereon and the annexed report of said Trade 

Practice Provision , containing finding with re ·pect thereto, having 

been made and directed to the President: 

.r OW, THEREFORE, on behalf of the Pre ident of the nitecl 

State , I Hugh S. John on Admini trator for Inclu trial Recovery, 

pur uant to authority -vested in me by E:s:ecutiYe Order of the Pre iclent, including Executive Order No. 6543-A, elated December 30, 

1933 and otherwi e; do hereby incorporate by reference aid annexed 

report and do find that said Trad Practice Provi ions comply in 

all respect with the pertinent provi ions and will promote the policy 

and purpt> e of aid Title of said Act; and do hereby order that 

. aid Trade Practice Provi ions be and they are hereby appro ed. 

HUGH s. JOHN ON, 

Ad/,ninistrator for lnd'U,Strial Recovery. 

Approval rpcommencled: 

A. R. GLANCY, 

Division Admini trator. 

,v AsHI GTON, D.C., 

April 4, 1934. 

51231°-482-20-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The lVhite House. 

Sm: This is_ a report on the Supplemental Fair Trade Practice 

Provisions for the Code of Fair Competition for the Shovel, Dragline and Crane Industry, as revi ed after pnblic hearing held in 

Washington on the 26th· day of January and the 5th day of February, 

1934, in accordance with the provisions of the National Industrial 

Recovery Act. 

The Trade Practice Provisions of the Code apprm eel by you on 

November 8, 1933, were applicable to power-operated convertible 

shovels and dragline and special modifications thereof. Provision 

was made in the Code for the submi sion of supplemental trade prac- tice provisions, applicable to other machines or attachments in the 

industry, and the Trade Practice Provisions herewith submitted 

apply to the large machine and locomotive crnne divisions of this 

industry. : 

The Deputy Administrator in his final report to me having found 

as herein set forth and on the basis of all the proceedings in this 

matter; 

I find that: 

(a) Said Trade Practice Provisions are well d<>.signed to promote 

the policie. an 1 purpo es of Title I of the National Industrial Recovery Act, including removal of obstruction to the free flow of 

interstate and foreign commerce which tend to diminish the amount 

thereof and will provide for the general welfare by promoting the 

organization of industry for the purpo e of cooperative action among 

the trade groups, by inducing and maintaining united action of labor 

and management under adequate governmental sanctions and supervision, by eliminating unfair competitive practice , by promoting the 

fullest po ~ible utilization of the present productive capacity of industries, by avoiding undue restriction of production ( except as may 

be temporarily required), by increasing the con umption of industrial and agricultural products through increasing purcha ing power1 by reducing and relievinO' unemployment. by improving standards ot 

labor, an l by otherwi e rehabilitating indu try. 

(b) Sail Indu -try normally employs not more than 50,000 employee , and i not cla. ified by me a a major industry. 

( c) The Trade Practice Provisions a approved comply in all respect with the pertinent provi ion of said Title of aid Act, including without limitation Subsection (a) of Section 3, Sub ection (a) 

of Section 7, and Sub ection (b) of S ction 10 thereof· and that 

the applicant group i an indu trial a o iation truly r pre entative 

of the aforesaid indu try; and that aid a ociation impo e no 

inequitable restri tion on admi~ ion to member hip therein. 

( d) The Trade Practice Provi ion are not l igned to and will 

not permit monopolies or monopoli tic practices. 

(2) 
3 

( e) The Trade Practic Provi ions are not l ·igned to and will 

not liminate or 01 pre mall ent rpri e an l will not op rate to 

di criminat aaain t th m. · 

(f) Tho e engaO' cl in other tep. · of the economic pro e have not 

been depriv d f the right to be hearcl I ri r to approval of aid Trade 

Practice Provi ion . 

For the e rea on ·, the o Trade Practi 

a1 prov d by me. 

Re I ectfully, 

Provisions have been 

H GH S. J onK ON, Administrator. 

APRIL 4, 1934. 
AMENDMENT TO CODE OF FAIR COMP ETITION FOR 

THE SHOVEL, DRAGLINE AND ·CRANE INDUSTRY 

ARTICLE VII-TRADE PRACTICES 

Add the following sub-paragraph (g) to Section 13, and add Section 19 to read : 

(g) . Detailed Drawings.-Furnishing detailed drawings of standard machines or attachments, including parts of ame, except when 

justified by the needs of an emergency break-down. SEcTioN · 19. Governmental Oontracts.-(a) The foregoing Sections 6, 7, and 8 of this Article shall not apply to ales to Counties 

and Townships, provided that payment on such sales is made directly by such Counties or Townships. 

(b) Sales may be made on a delivered basis to the United States 

or instrumentalitie thereof and to States or any subdivi ion thereof. 

ARTICLE VII-A-TRADE PRACTICES FOR LARGE MACHINES 

The tra le practices set forth in Article VII of thi Code hall be 

applicable to the manufacture for sale and the sale by the manufacturer of power operated convertible shovels and dragline and special 

modifications thereof, such as cranes equippe,:1 for clam. hell or lifting service back digging trench-hoe , kimmers, auto truck-cranes, 

and the like, all having a nominal rating of three (3) cubic yards 

capacity and more, which shall constitute a Divi ion of the Industry, 

to be known a the Large 1\1~.whin Divi ion, except full-revolving 

shovels and draglines ha, ing a nominal rating of ix ( 6) cubic yards 

capacity and more. 

The following trade practices shall be applicable to the manufacture for sale and the sale by the manufacturer of full revolving 

shovels and draglines having a nominal rating of ix (6) cubic yards 

capacity and more: 

SECTION 1. Defin.itions.-The following words are u eel hereafter 

with the meaning set forth below: 

llf achine or Attachfrient.-A bare machine with or without traction 

mounting and with or without shovel, dragline, clam hell, or other 

standard or special front and equipment; or such equipment sold 

separately; or auxiliary equipment, uch a light plant air-compressor equi1 ment and other acce sorie ; or any combination of any 

of the foreo·oing; but not repair or spare parts for any of the 

foregoing. 

New 111 achine 01· Attachment.-A machine or atta hm nt which 

has not previously been sold and placed in the po ses ion of the 

purcha er. Vsecl Machine or Attachment.-A machin or attachment which 

has previou ly been old and placed in the pos es ion of the purchaser. 

(4) 
5 

Shipmcnt.-Any ref renc to th lat of hipment hall refer to 

the dat on which th tran portation ompany i ue a bill of lading 

for the final carload hipm nt; or, in th~ ca of deliv ry by other 

mean than a tran. portation mpany, the late on which the final 

shipment 1 av th factory. The withholdinO' of a portion of a 

hipment hall n t be c n id red a po tr oning the date of shipment. 

Distribidor.-Deal r , li tributor , al repr entative , ale men, 

al a0 ent and any oth r per on authorized to ell r neO'otiate 

al f n w machin on b half of a rnemb r of the Indu try, except 

direct employ e of the memb r of the Indu try. 

E TION 2. l iolation of T1·ade Practice C ode.-Any deviation from 

the tandard et forth herein, or any amendments ther to, by any 

member of the Indu try, either directly or indirectly through a distributor, hall be con id red an unfair method of competition and 

a violation of this ode by such member. 

E TION 3. Firrn Orders Req1.1,ircd.-New machines or attachments 

hall be old only under firm sale contract or firm purchase order , 

and uch contract or orders shall provide for shipment within eight 

(8) months of the date the contract or order is igned by the purchaser. 

SECTION 4. lnterest.-In the sale of a new machine or attachment 

on deferred-payment term., the rate of intere t on all unpaid portions of the purchase price shall be not le than six per cent ( 6% ) 

per annum from the date of shipment, until paid. 

SECTION 5. Cash Discownt.-Cash discounts terms on sale of new 

machines or attachments shall not exceed one per cent (1 % ) for ca h 

on or before the 10th of the calendar month followjng the calendar 

month in which shipment is made. 

SECTION 6. Net Cash Sales.-When ales of new machines or attachments are made on a net cash ba is, and no cash discount is 

involved, pa} ment in full hall be required of the purcha er within 

forty-five ( 4-) days from the date of shipment. 

SE TION 7. Guaranty.-In the sale of a new machine or attachment, no guaranty shall be made except for materials and workmanhip and for conformity to specification ; provided that no O'Uaranty 

of materials or workmanship shall be made beyond claim pre ented 

in writing within six month after date of hipment. 

ECTIO 8. No Discri?nination Between Puo·chasers.-In the ale 

of new machine or attachments, no member of the Industry shall 

di. criminate, either directly or indirectly, by any of the following 

practice , and no member of the Industry shall engage in any of 

such practices: 

(a) Rentals.-Renting new machines or attachments. 

(b) Trials and Demonstrations.-Selling a new machine or attachment subject to acceptance after a trial or demon tration on the 

purcha er's job. 

( c) Trade-ins.-Taking u ed machines or attachments, or u ed 

equipment, in trade on the purchase price of a new machine or attachment, or making an allowance or granting credit directly or indirectly therefor in any connection. 

( d) R ebates.-Paying or allowing, directly or indirectly, to any 

purcha er of a new machine or attachment, or to any official, officer 

or employee of s4ch purchaser, in connection with any ,sale or pro-
6 

spective ale, any open or secret rebate, commission, bonus, refund1 unearned discount, or subsidy of any kind, whether in the form ot 

money, services, free repairs or parts, or otherwise. Nothing herein 

contained shall prevent the payment of compen.sation to employees 

and distributors of the members of the Industry. 

( e) Looking Only to Security .-In the sale of a new machine or 

attachment, waiving or agreeing to waive the obligation of the purchaser to pay the purchase price in whole or in part, or limiting or 

agreeing to limit the manufacturer's right to col!ect by suit the 

purchase price in whole or in part, or agreeing to look only to the 

machine for security. 

(f) Protection of Price Olwnges.-Agreeing, by option or otherwise, with a prospective purchaser of a new machine or attachment 

· as to price of a future sale; or agreeing to give the purchaser of a new 

machine or attachment any reduction in the contract sales price 

contingent on future price reductions. 

(g) Detailed Drawings.-Furnishing detailed drawings of standard machines or attachments, including parts of same, except when 

justified by the needs of an emergency break-down. 

SECTION 9. Misr'epresentation of Own Products.-In the sale or 

offering for sale of any machine or attachment, members of the Industry shall use their best efforts to prevent misrepresentation of 

their products by any false means or device which has the capacity 

or tendency to mislead or deceive purchasers or prospective 

purchasers. 

SECTION 10. Defamation of O01npetitors.-No member of the Industry shall defame any competitor by words or acts which falsely 

represent the business integrity or ability to perform contracts of 

any competitor, or the grade, quality, or reliability of his products. 

SECTION 11. Interf erence ioith Contractual R elations.-No member 

of the Industry shall maliciously induce or attempt to induce the 

breach of an existing oral or written contract between a competitor 

and his cu tomer or source of supply, or interfere with or obstruct 

the performance of any such contractual duties or . ervices. 

SECTION 12. S tandards of R esponsibility.-Members of the In-

<lustry should maintain necessary engineering and production facilities to fulfill warranties and credit tenn involved in sales, and to 

supply necessary service and repair parts. 

SECTION 13. Other Unfair P,ractices.-Nothing in this Code shall 

limit the effect of any adjudication by the Courts or holding by 

the Federal Trade Commission on complaint, finding, and order, 

that any practice or method is unf3iir, providing that such adjudication or holding is not inconsistent with any provi ion of the Act 

or of this Code. 

ARTICLE VII E-TRADE PRACTICE FOR LOCOMOTIVE CRANES 

The trade practices set forth in Article VII of this Code shall be 

applicable to the manufacture for sale and the sale by the manufac. 

turer of power operated, standard gauge, full-revolvino- locomotive 

cranes having a nominal rating, without outrigger , of three (3) to 

fifty (50) tons capacity, both inclu ive, and special modification oi 

such machines embodying locomotive crane superstructure, which 
7 

shall on titute a Divi ion of th In lu. try2 to be known a 

motiv Crane Dj i i n. In additj n t ·aid trad Ira tic , th followino- tra l pra ti hall b appli abl t th L com tive rane 

Divi ion: 

E TIO 20. P rfo1'lna11ce tw lards.-Ev ry pr po al upon mabin oming within th rano-e f Loe motiv ~ran Manufacturer ' 

A o iati n Perf rmanc tandard , Exhibit "A' atta hed hereto, 

shall b ba ed up n aid Stan lard . 

Approved ode No. 102. Am ndment No. 1. 

R gi try No. 1320- 1-01. 
,,. 

EXHIBIT A 

ESTABLISHED PERFORMANCE STANDARDS OF THE LOCOMOTIVE CRANE l\1A~UFACTU RERS' ASSOCIATION 

This Crane fully corn11lies with the performance standards of the Locomotive 

Crane Manufacturers' Association adopted March 10, 1921, which are as 

follows: 

1. These performance standards apply only to standard types of standard. 

gauge Crane, not exceeding railroad clearance height of approximately 16 

feet. Locomotive Cra nes of nominal 1:ated capacities other than those stated 

in paragraph 2 must conform to the basis established by those standards. 

2. Locomotive Cr a nes of nominal ra ted capacities shown below must have 

at least the capacities listed a t the minimum in the following table: 

Nominal rated capacity Car 

10-ton. _. _ -------- __ . .... __ . __ __ 4-wbeel and 8-wbeeL .. _________ __ __ . --. --. 15-ton __ ------------------------ 4-wbeel and 8-wbeel. _______________ ______ _ 20-ton _. __________ . ________ . _. __ 8-wbeeL ____ ... ______ . __ . . ________ .. ____ .. _ 

25-ton . __ .. _____ . __ . . ___ . _. __ .. _ 8-w beeL __ ... _. _ .. ____ _ .. _ .. _ . . . _____ . . __ _ 30-ton .... ______ .. _. ________ .. __ 8-wbeel. _. ________ . _ .. _______ . _. _________ _ 

Minimum safe load without outriggers. 

12-foot radius 40-foot radius 

Pounds 

20,000 

30,000 

40,000 

50,000 

60,000 

Pounds 

4,000 

6,000 

8,000 

10,000 

12,000 

NOTE.- Tbe minimum safe loads shown above are based upon using 4O-foot 

boom, but are not necessariiy available with booms of greater length. 

3. The tipping capacity of a Crane is at least 17% greater tllan the safe 

load specified at a ny and all radii. 

4. The tipping fulcrum is taken at 2,.45 feet from the center of the Crane. 

5. The radius is the distance from the rota ting center of tile Crane to the 

center of gravity of the suspended load. 

6. In order to eliminate the varying effec t of centrifugal force in a rotating 

te t of a Crane with maximum load at any radius, the radius thus cetermined 

is to be fixed by tying the load back to the boom f oot. 

7. The lifting capacities of a steam Crane are computed with fuel and water 

tanks half full, and with two gauges of water in boiler. 

8. Fall block is considered part of Crane only when r equired to lift the load. 

The intention is to satisfactorily rate a Crane for bucket work, in which the 

bucket u ually op rates on a sino-Ie line, and the block is dispen eel with. 

9. In figuring the stability to the r ear, the center of gravity i taken a 

distance of 21 inches back of the center of the Crane, with half the specified 

capacity of fuel and water in the tanks and two gauges of water in the boiler 

on steam cranes, with the boom at the minimum radius for the length of boom 

used, and with the fall block on the ground. 

10. The length of the bo0m is measured from center of hinge pin to the center 

of ma in hoist sheave pin. 

J 1. The tractive effort, draw bar pull, or grade specified mu t be con idered 

definitely in connection with the travel speed at which that tractive effort or 

draw bar pull is available and the grade specified n gotiable. The tractive 

effort utilized in the specification of these functions d es not exceed 17% 

of the weight on the propelling axles, with one-half fu 1 and water in the tanks 

and two gauges of 'vYUter in the boiler on steam Cranes, and without load. 

(8) 

0 





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