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Wednesday, September 29, 1954
PAYMENTS

Sec.
923.90
923.91
923.92
923.93
923.94
923.95
923.96

P a y m en ts to producers.
B u tte r fa t d ifferen tial t o producers.
L ocation d ifferen tial t o producers.
A d ju stm en t o f a cco u n ts.
M arkéting services.
E xpense o f a d m in istra tio n .
T erm in a tio n o f o b lig a tio n s.

e f f e c t iv e t i m e , s u s p e n s i o n , o r t e r m i n a t i o n
923.100
923.101
923.102
923.103

E ffective tim e .
S u sp en sio n or term in a tio n .
C o n tin u in g o b lig a tio n s.
L iq u id a tio n .

923.110
923.111

A g en ts.
S ep a ra b ility o f p rovision s.

MISCELLANEOUS PROVISIONS

A u t h o r i t y : 923.0 to 923.111 Issued u n
der sec. 5, 49 S ta t. 753, as am ended; 7 U. S . C.
608c.

FEDERAL REGISTER
routes operated by vendors to retail or wholesale outlets except fluid milk plant located in the marketing area from a nonfluid milk plant.
b Additional findings. In view of the widely scattered location of the plants of handlers, the provision in the order for a base forming period which includes the month of October; and the fact that this order will constitute the original imposition of a regulatory pro gram of this nature for the market, the provisions other than those relating to prices and payments to producers, should be put into effect prior to the effective date of the entire order to afford han dlers an opportunity to make any nec essary changes in their accounting procedure or other adjustments as re quired to conform with all provisions of the order. Reasonable time will have been afforded interested parties to pre pare to comply with the aforesaid provisions. It is hereby found and de termined in view of the aforesaid facts and circumstances, that good cause ex ists for making 923.1 through 923.18;
923.20 through 923.22 i ; 923.30 through 923.33; 923.40 through 923.46; 923.60, 923.61, 923.80 through 923.83, 923.95, 923.96, 923.100 through 923.103, 923.110, and 923.111 effective on October 1, 1954, and that it would be contrary to the public interest to delay such effective date beyond that specified. See sec.
4 c, Administrative Procedure Act, 5
U. S. C. 1001 et seq.
c Determinations. It is hereby de termined that handlers excluding co operative associations of producers who are not engaged in processing, distrib uting, or shipping milk covered by this order of more than 50 percent of the milk covered by this order which is mar keted within the Appalachian marketing area refused or failed to sign the pro posed marketing agreement regulating the handling of milk in the said market ing area and it is hereby further deter mined that:
1 The refusal or failure of such han dlers to sign said proposed marketing agreement tends to prevent the effectu ation of the declared policy of the act;
2 The issuance of this order is the only practical means pursuant to the declared policy of the act of advancing the interests of producers of milk which is produced for sale in the marketing area; and 3 The issuance of this order is ap proved or favored by at least threefourths of the producers who, partici pated in a referendum thereon and who, during the determinedrepresentative period August 1954, were engaged in the production of milk for sale in the said marketing area.
It is hereby ordered that the full text of the order be published in the F ederal
923.0
Findings and determina tionsa Findings upon the basis of the hearing record. Pursuant to the provisions of the Agricultural Marketing Agreement Actof 1937, as amended <7
U. S. C. 601 et seq., and the applicable rules of practice and procedure, as amended, governing the formulation of marketing agreements and marketing orders 7 CFR Part 900, a public hear ing was held upon a proposed marketing agreement and a proposed order regulat ing the hahdling of milk in the Ap palachian marketing area. Upon the basis of the evidence introduced at such hearing and the record thereof, it is found that:
1 The said order, and all of the terms and conditions thereof, will tend to effectuate the declared policy of the act;
2 The parity prices of milk as de termined pursuant to section 2 of the act are not reasonable in view of the price of feeds, available supplies of feeds and other economic conditions which affect market supply of and demand for milk in the said marketing area, and the minimum prices specified in the order are such prices as will reflect the afore said factors, insure a sufficient quantity of pure and wholesome milk and be in the public interest;
3 The said order regulates the han dling of milk in the same manner as and is applicable only to persons in the re spective classes of industrial and com mercial activity specified in a marketing agreement upon which a hearing has been held;
4 All milk and milk products han dled by handlers, as defined in this order, are in the current of interstate com merce or directly burden, obstruct or affect interstate commerce in milk or its products; and 5 It is hereby found that the neces sary expense of the market administra tor for the maintenance and functioning of such agency will require the payment HiEGISTER
by each handler as his pro rata share of Sections 923.1 through 923.18; 923.20
such expense, 5 cents per hundredweight, through 923.22 i ; 923.30 through or such amount not exceeding 5 cents 923.33; 923.40 through 923.46; 923.60, per hundredweight, as the Secretary may 923.61, 923.80 through 923.83, 923.95, prescribe with respect to all a receipts 923.96, 923.100through 923.103, 923.110
of producer milk including such handlers and 923.111 shall be effective on and own production, b other source milk after the first day of October 1954 and at a fluid milk plant which is classified the entire order 923.1 through 923.111
as Class I milk and, c Class I disposed shall be effective on and after the first of during the month on routes including day of November 1954.

6251
DEFINITIONS

923.1 Act. Act means Public Act No. 10, 73d Congress, as amended, and as reenacted and amended by the Agricul tural Marketing Agreement Act of 1937, as amended 7 U. S. C. 601 et seq..
923.2 S e c r e t a r y .
Secretary means the Secretary of Agriculture of the United States or any other officer or employee of the United States author ized to exercise the powers or to perform the duties of the said Secretary of Agriculture.
923.3 Department of Agriculture.
Department of Agriculture means the United States Department of Agriculture or any other Federal agency authorized to perform the price reporting functions specified in this part.
923.4 Person. Person means any individual, partnership, corporation, as sociation, or other business unit.
923.5 Cooperative association. Co operative association means any coop erative marketing association which the Secretary determines, after application by the association:
a To be qualified under the provi sions of the act of Congress of February 18, 1922, as amended, known as the Capper-Volstead Act; and b To have full authority in the sale of milk of its members and to be engaged in making collective sales of or market ing milk or its products for its members.
923.6 Appalachian Marketing Area.
Appalachian Marketing Area, herein after called the marketing area, means all the territory within the counties of Sullivan, Washington, and Greene in Tennessee; Washington and Wise in Vir ginia; and Harlan in Kentucky.
923.7 Fluid milk plant. Fluid milk plant means a any plant from which a volume of Class I milk equal to an average of more than 1,000 pounds per day, or not less than 2.0 percent of the approved milk of such plant is dis posed of during the month on routes including routes operated by vendors or through plant stores to retail or wholesale outlets except other fluid milk plants located in the marketing area, b any plant which during the months of February through July ships grade A milk or skim milk to a plant qualified pursuant to paragraph a of this section or c any plant which dur ing the months of August through Jan uary receives milk from farmers hold-?
ing dairy farm permits or ratings issued by a health authority having jurisdiction in the marketing area, and from which milk, skim milk or cream is moved dur ing the month to a plant qualified pur suant to paragraph a of this section:
Provided, That if a portion of a plant is operated separately and no approved m ilk is received in such portion of the plant, it shall not be considered as part of a fluid milk plant pursuant to this section.
923.8 Approved plant. Approved plant means a fluid milk plant or any plant from which Class I milk is de livered including delivery by a vendor or sale from a plant store during the