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FEDERAL REGISTER, Thursday, May 26,, 1938
d e p a r t m e n t o f t h e in t e r io r .

National Bituminous Coal Commission.
Docket No. 68-FD

Jm the M atter
op the Application op the S unshine An
thracite C oal C ompany for C ertificate op E xemption P iled P ursuant to O rder N o . 281

NOTICE OF ORAL ARGUMENT ON EXCEPTIONS TO PROPOSED REPORT
OF THE COMMISSION

The Sunshine Anthracite Coal Company, applicant above named, having filed with the Commission on the 21st day of May, 1938, exceptions to the proposed report of the Com mission which was served upon the said applicant on the 12th day of May, 1938, and having requested that the adop tion of the proposed report of the Commission and the exceptions thereto be set down for oral argument;
Now, therefore, notice is hereby given that the adoption of the proposed report of the Commission and the exceptions of the Sunshine Anthracite Coal Company thereto are set down for oral argument before the Commission in the Hear ing Room of the Commission in the Walker Building at Washington, D. C., on the 1st day of June, 1938, commencing at the hour of ten oclock A. M.
The Secretary of the Commission is forthwith directed to telegraph notice of the time and place of the oral argument provided for herein to the Sunshine Anthracite Coal Company and mail copies of this notice to the Sunshine Anthracite Coal Company, the Consumers Counsel, and to the Secre taries of the Bituminous Coal Producers Boards, and shall cause a copy of the same to be published in the F ederal R egister.

By order of the Commission.
Dated this 23rd day of May, 1938.
seal
F. W itcher M cC ullough , Secretary.

P. R. Doc. 38-1475; Piled, May 25,1938; 11:15 a. m.

DEPARTMENT OF AGRICULTURE.
Agricultural Adjustment Administration.
D etermination of P roducers W ho Are Also P rocessors of S ugar B eets or S ugarcane, P ursuant to S ection 301 d o f the S ugar A ct o f 1937

Pursuant to the provisions of Section 301 d of the Sugar Act of 1937, I, H. A. Wallace, Secretary of Agriculture, do hereby determine th at a producer shall be deemed to be also a processor:
1 If such producer is directly engaged in the processing of sugar beets or sugarcane for sugar;
2 If such producer, whether alone or in conjunction with others, controls a person directly engaged in the processing of sugar beets or sugarcane for sugar, either by stock owner ship or otherwise; or 3 If such producer is controlled, whether through stock ownership or otherwise, by a person directly engaged in the processing of sugar beets or sugarcane for sugar.
Done at Washington, D. C., this 24th day of May 1938.
Witness my hand and the seal of the Department of Agri culture.
Cseal H. A. W allace, Secretary.
F. R. Doc. 38-1478; FUed, May 25,1938; 12:15 p. m.
Docket No. A74 0-74

N otice of H earing W ith R espect to a P roposed M arketing Agreement and a P roposed O rder R egulating the H andling of H ops G rown in the S tates of O regon, C alifornia, and W ashington
Whereas, under Public Act No. 10, 73rd Congress, as amended, and as reenacted and amended by the Agricultural aF -R -lS S l D I.

Marketing Agreement Act of 1937, as amended, notice of hearing is required in connection with a proposed marketing agreement or a proposed order, and the General Regulations, Series A, No. 1, as amended, of the Agricultural Adjustment Administration, United States Department of Agriculture, provide for such notice; and Whereas, the Secretary of Agriculture has reason to be lieve that the execution of a marketing agreement and the issuance of an order will tend to effectuate the declared policy of said act with respect to the handling in interstate and for eign commerce and such handling as directly burdens, ob structs or affects interstate or foreign commerce, of hops grown in the States of Oregon, California, and Washington;
Now, therefore, pursuant to the said act and said general regulations, notice is hereby given of a hearing to be held on a proposed marketing agreement and a proposed order regu lating such handling of hops grown in the States of Oregon, California, and Washington, in the Assembly Room, Court House, Santa Rosa, California, on June 10,1938, at 9:30 a. m.;
in the Auditorium, Old Senior High School, Salem, Oregon, on June 13, 1938, at 9:30 a. m.; and in the Banquet Room, Donnelly Hotel, Yakima, Washington, on June 15, 1938, at 9:30 a. m.
This public hearing is for the purpose of receiving evidence as to the general economic conditions which may necessitate regulation in order to effectuate the declared policy of the act and as to the specific provisions which a marketing agree ment and order should contain.
The proposed marketing agreement and the proposed order each embodies, in similar terms, a plan for the regulation of such handling in interstate and foreign commerce, and such handling as directly burdens, obstructs, or affects interstate or foreign commerce, of hops grown in the States of Oregon, California, and Washington. Among other things, the pro posed marketing agreement and order provide for: a the establishment of a Control Board, b the establishment of a Growers; Allocation Committee, c the establishment of an Advisory Committee for each state included in the produc tion area covered by the proposed marketing agreement and proposed order, d the regulation of any person, as a handler, who, as or through a principal, agent, broker, rep resentative or otherwise, 1 ships hops from the State of Oregon, California, or Washington to any place outside that respective state, or 2 purchases, takes consignment of, accepts delivery of in connection with a purchase or sale by that respective person, or otherwise acquires, within any of said states, hops from a grower or any other person, or 3
uses hops, grown by himself, in making or manufacturing lupulin, or any malt beverage, or any other product, e ex penses of administration, and other matters relating to the handling of hops grown in the States of Oregon, California, and Washington.
It is hereby declared that an emergency exists in the han dling of hops in the aforesaid area, which requires a shorter period of notice than fifteen 15 days; and it is hereby de termined that the period of notice given is reasonable under the circumstances.
Copies of the proposed marketing agreement and the pro posed order may be procured from the Hearing Clerk, Room 0318, South Building, United States Department of Agricul ture, Washington, D. C.
seal
H arry L. B rown ,
Acting Secretary of Agriculture.
Dated: Washington, D. C., May 25, 1938.
F. R. Doc. 38-1484; FUed, May 25,1938; 12:33 p. m.
ACP1938-11

1938 Agricultural C onservation P rogram B ulletin supplement no .

9

Pursuant to the authority vested in the Secretary of Agri culture under sections 7 to 17, inclusive, of the Soil Conserva 1 F .R . 115.