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FEDERAL

VOLUME 2

REGISTER
1934
A/JTEO

NUMBER 246

Washington, Tuesday, D ecem ber 21, 1937
DEPARTMENT OF THE INTERIOR.
Division of Grazing.
I daho G razing D istrict N o . 2
MODIFICATION

D ecember 13, 1937.
Under and pursuant to the provisions of the act of June 28, 1934 48 Stat. 1269, as amended by the act of June 26, 1936 49 Stat. 1976, Departmental order of November 3, 1936,1 establishing Idaho Grazing District No. 2 is hereby revoked as far as it affects the following-described lands:
T. 4 N., sec.
T. 4 N., sec.

B oise M eridian R. 17 E., 1, lots 1, 2, and 3, S W N E ;
R. 18 E., 6, lots 2, 3. 4, 5, and 6, SW iAN E% ,
E/2SWi4, Wi/aSE;

SE14NW14,
sec. 7, N W & N E & , N E N W l/.

C harles W est,
Acting Secretary of the Interior.
P. R. Doc. 37-3699; Piled, December 18,1937; 9 :47 a. m.J

National Bituminous Coal Commission.
At a Regular Session of the National Bituminous Coal Com mission Held at its offices in Washington, D. C., on the 16th day of December, 1937.
Docket No. 19FD.

I nvestigation of the N ature and E xtent of T ransactions in I ntrastate C ommerce in B itum inous C oal in the S tate of I owa and the E ffect of Such T ransactions on I nterstate Commerce in S uch C oal
It appearing that by Orders No. 2 and 26,2the Commission, upon its own motion entered into and conducted an investi gation under the provisions of Section 4-A of the Bituminous Coal Act of 1937, for the purpose of determining the nature and extent of transactions in intrastate commerce in bitumi nous coal in the State of Iowa and the effect of such trans actions upon interstate commerce in such coal; and It further appearing that reasonable public notice of a hearing was provided and that at said hearing interested parties were afforded an opportunity to be heard; that the presiding Examiner duly designated by the Commission hav ing filed his report and recommendations and the Commis sion having given due consideration to said report and recom mendations and to the record of the evidence in this pro ceeding; and, the Commission having on the 16th day of December, 1937, adopted the Examiners report and recom mendations as its own which said report is hereby referred to and made a part hereof;
11 P. R. 1743.
22 F. R. 1266,1540 D I .

Now, therefore, it is by order declared:
That substantially all transactions in bituminous coal in intrastate commerce in the State of Iowa directly affect interstate commerce in such coal; and That there will be an undue or unreasonable advantage, preference or prejudice as between localities in Iowa in such intrastate commerce on the one hand and interstate commerce in bituminous coal on the other hand, and an undue, unreasoable, or unjust discrimination against inter state commerce in such coal if such transactions in intra state commerce or any substantial part thereof are not regu lated and subjected to the provisions of Section 4 ofthe Bituminous Coal Act of 1937.
Therefore, I t is further ordered:
1. That on and after the 3rd day of January, 1938, all bituminous coal sold, delivered or offered for sale in trans actions in intrastate commerce in such coal in all localities within the State of Iowa, shall be subject to the provisions of Section 4 of the Bituminous Coal Act of 1937, to the Bituminous Coal Code, as promulgated by the Commission and made effective on the 21st day of June, 1937, and to all relevant orders of the Commission in effect on the date of this order, as well as all further orders which may there after be issued by the Commission under Section 4 of said Act, so as to apply to such intrastate commerce in coal within the State of Iowa.
2. That any producer of bituminous coal in intrastate commerce within the State o f Iowa, who may believe that his or its particular transactions in intrastate commerce in bituminous coal should be exempted from this order and/or from the provisions of Sections 4 and 4-A of said Bitumi nous Coal Act n f 1937, may file application at any time here after for exemption pursuant to the second paragraph of Section 4-A of said Act, and be entitled to a hearing and appropriate orders thereon.
3. That the Secretary of the Commission shall give notice to each known producer of bituminous coal within the State of Iowa, who is not upon the date of this Order a member of the Bituminous Coal Code, by mailing, within five 5
days from this date, a copy of this Order, together with three 3 copies of the Form of Code Acceptance and rules prescribed by the Commission for filing acceptances, and a copy of the Bituminous Coal Code as promulgated under date of June 21, 1937.
The Secretary shall cause a copy of this Order to be published in the F ederal R egister, and shall also publish a copy thereof in a newspaper of general circulation in each county within the State of Iowa known to produce bitumi nous coal, publication thereof to be made three 3 times within fourteen 14 days from the date of this Order.
By order of the Commission.
Dated this 16th day of December, 1937.
seal
F. W itcher M cC ullough , Secretary.
P . R. Doc. 37-3706; Filed, December 18,1937; 12:26 p. m.

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