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Wednesday, September 30, 1959

CODIFICATION GUIDE Con.

14 CFR

Page
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Proposed rules:
600 7 documents_____
601 7 documents_____
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7865
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7866
7866
7869

7878-7881
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7881

25 CFR
141______________________ ______ 7869

29 CFR
Proposed rules:
613-,____ ________ ____ 7878
687_______ ______,____ 7878
699_______________ ___ 7878
43 CFR
115 ___- ____ ------------7873
Public land orders:
1356 revoked in part by PLO
1987____________ ----- 7873
7873
1987_______ ___ ___
1994_________ ,___________ 7874.
47 CFR
1________ _____________ 7875
49 CFR
95________________________ 7875
50 CFR
31___ ____ ___________7875
1 T h is suspension order does n o t re quire bf persons affected su b stan tial or extensive preparation prior to th e effec tive date.

2 This suspension order is necessary to reflect current marketing conditions and to maintain orderly marketing con ditions in the marketing area.
3 A hearing was held July 28-30, 1959, on the need for complete revision of the supply-demand adjuster provi sions of the order. The hearing was re opened on September 23 to receive addi tional evidence of the a l l e g e d malfunctioning of the supply-demand adjustment factor. Evidence received at the reopened hearing indicates that present conditions are such that if im mediate action is not taken to lessen the effect of the supply-demand adjustment, which would therwise reduce the Class I
price by 45 to 50 cents per hundredweight during the fall and winter months, the market will be threatened with an inade quate supply of milk. To forestall such a condition and accommodate the situ ation, itis necessary that certain pro visions be suspended to lessen the effect of the supply-demand adjuster, pending amendatory action on the supplydemand provisions.
Therefore, good cause exists for mak ing this order effective October 1, 1959.
It is therefore ordered, That the afore said provisions of the order are hereby suspended effective October 1, 1959.
Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C.
601-674

FEDERAL REGISTER

7855

Issued at Washington, D.C., this 29th fective date of this amendatory action later than the date of publication hereof day of September 1959.
in the F ederal R egister for the reasons C larence L. M iller , that:
1 909.66c of the amended Assistant Secretary.
marketing agreement and order pro F.R. Doc. 59-8274; Filed, Sept. 29, 1959; hibits the diversion of surplus almonds into channels other than those specified 12:03 p.m.
in said section, or those which the Con trol Board finds are noncompetitive with existing normal markets for almonds and aye specified pursuant to said sec PART 909 ALMONDS GROWN IN
tion; 2 the outlets hereby deleted from CALIFORNIA
the administrative rules and regulations are no longer noncompetitive with such Almond Butter markets;-and 3 to permit the contin Notice was published in th F ederal ued diversion into such channels, after R egister of August 26, 1959 24 F.R. the effective time hereof, would not be 6914 that consideration was being given authorized by the amended marketing to an amendment of 909.466 of the ad agreement and order.
ministrative rules and regulations per Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C.
taining to operations under Marketing 601-674
Agreement No. 115, as amended and Or Dated September 25, 1959, to become der No. 9, as amended 7 CFR Part 909, regulating the handling of almonds effective upon publication in the F ed grown in California. Said amended eral R egister.
S. R. S m ith , marketing agreement and order are Director, effective under the provisions of the Fruit and Vegetable Division.
Agricultural Marketing Agreement Act of 1937, as amended secs. 1-19, 48 Stat. F.R. Doc. 59-8177; Filed, Sept. 29, 1959;
8:50 a.m.
31, as amended; 7 U.S.C. 601-674.
The notice afforded interested persons an opportunity to file data, views, and arguments concerning the proposed dele Pear Order 11, Amdt. 1
tion of paragraph a of the rules and regulations which authorized disposition PART 939 B E U R R E DANJOU, pursuant to 909.66c of surplus al BEURRE BOSC, WINTER NELIS, monds in the specified outlets. Such DOYENNE DU COMICE, BEURRE
outlets áre no longer non-competitive with normal markets fr almonds. The EASTER, AND BEURRE CLAIRGEAU
prescribed time for such filing has ex . VARIETIES OF PEARS GROWN IN
pired and no such communications have " OREGON, WASHINGTON, AND
been received.
CALIFORNIA
After consideration of all relevant matters presented, including the proposal Regulation by Grades and Sizes in said notice, it is hereby found that a Findings. 1 Pursuant to the mar on and after the effective time hereof, diced, sliced, and slivered almonds, as keting agreement, as amended, and defined in present 909.466 surplus di Order No. 39, as amended 7 CFR Part version outlets, and packed in hermet 939, regulating the handling of the ically sealed tin or glass containers not Beurre DAnjou, Beurre Bose, Winter exceeding a net weight of eight ounces Nelis, Doyenne du Comice, Beurre will no longer be noncompetitive with Easter, and Beurre Clairgeau varieties of existing normal markets for almonds, pears grown in Oregon, Washington, and b in view of the foregoing, the designa California, effective under the applicable tion in present 909.466 of such packed provisions of the Agricultural Marketing almonds as approved outlets for surplus Agreement Act of 1937, as amended 7
almonds should be terminated, and c U.S.C. 601-674, and upon the basis of the amendment of the administrative the recommendations and information rules and regulations SubpartAdmin submitted by the Control Committee, istrative Rules and Regulations as here established under the aforesaid amended inafter set forth will tend to effectuate marketing agreement and order, and upon other available information, it is the declared policy of the act.
It is, therefore, ordered, That, 909.466 hereby found that the limitation of Surplus diversion outlets 24 F.R. 5627 shipments of such pears, as hereinafter of SubpartAdministrative Rules and provided, will - tend to effectuate the Regulations 909.450909.481; 24 F.R. declared policy of the act.
2 It is hereby further found that it 5626 is hereby amended to read as is impracticable, unnecessary, and con follows:
trary to the public interest to give pre 9 0 9 .4 6 6 Alm ond butter.
liminary notice, engage in public ruleAlmond butter as used in 909.66c making procedure, and postpone the is hereby defined as a comminuted food effective date of thisamendment until 30
product prepared by grinding roasted days after publication thereof in the shelled almonds into a homogeneous F ederal R egister 5 U.S.C. 1001-1011
plastic or semiplastic mass or liquid hav in that, as hereinafter set forth, the time ing practically no particles larger than intervening between the date when in formation upon which this amendment i/io inch in any dimension.
It is herby further foimd that good is based became available and the time cause exists for not postponing the efwhen this amendment must become