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FEDERAL
VOLUME 2

REGISTER
934

NUMBER 37

A /fT E O

W ashington, Thursday, February 25, 1937
DEPARTMENT OF AGRICULTURE.
Agricultural Adjustment Administration.
D e t e r m in a t io n o f t h e S ecretary o f A g ricu ltu re w i t h R espect t o an A pproved O rder , as A m en ded , R egulating t h e H andling o f M i l k i n t h e D u bu q u e , I o w a , M arketing A rea
Whereas, the Secretary of Agriculture, pursuant to Sec tions 8b and 8c of Title I of the Agricultural Adjustment Act, approved May 12, 1933, as amended, hereinafter called the act, tentatively approved on August 17, 1936,1 a market ing agreement regulating the handling of milk in the Du buque, Iowa, marketing area, and on September 17, 1936, issued an order regulating the handling of milk in the Dubuque, Iowa, marketing area, such order becoming effec tive on and a ft: 12:01 a. m., c. s. t., October 1, 1936; and Whereas, the Secretary, having reason to believe that an amendment should be made to said tentatively approved marketing agreement and said approved order, gave, on the 19th day of December 1936, notice of a hearing3 to be held on the 29th day of December 1936 at Dubuque, Iowa, on a proposed amendment to said tentatively approved market ing agreement and said approved order, and at said time and place conducted a public hearing at which all interested parties were afforded an opportunity to be heard on the pro posed amendment to said tentatively approved marketing agreement and said approved order; and Whereas, after such hearing and after the approval by the Secretary, on the 23rd day of January 1937, of an amendment to the aforementioned tentatively approved marketing agreement, handlers of more than 50 per centum of the volume of milk covered by the aforementioned ap proved order and the proposed amendment thereto, which is produced or marketed within the Dubuque, Iowa, market ing area, refused or failed to sign such tentatively approved marketing agreement, as amended, relating to milk;
Now, therefore, the Secretary of Agriculture, by virtue of the authority vested in him by the act, hereby determines:
1. That the refusal or failure of said handlers to sign the said tentatively approved marketing agreement, as amended, tends to prevent the effectuation of the declared policy to establish and maintain such marketing conditions in the han dling of milk in the aforesaid area as will reestablish prices of milk to producers of milk in said area at a level that will give such milka purchasing power with respect to articles that such producers buy equivalent to the purchasing power of such milk in the base period, August 1923July 1929; and 2. That the issuance of the amendment to such approved order is the only practical means, pursuant to such policy, of advancing the interests of producers of milk in said area; and 3. That the issuance of the amendment to such approved order is approved or favored by over sixty six and two-thirds 1 1 F. R. 1299.
1 P. R. 1597.
81 P. R. 2511.

66% per centum of the producers who, during the month o f November 1936, said month being here and now deter mined by the Secretary to be a representative period, have been engaged in the production of milk for sale in the said area.
In witness whereof, I, H. A. Wallace, Secretary of Agri culture, have executed this determination and have hereunto set my hand and caused the official seal Of the Department of Agriculture to be affixed, in the city o f Washington, Dis trict of Columbia, this 19th day of February, 1937.
s ea l
H. A. W allace , Secretary of Agriculture.
Approved:
F r a n k l in D R oosevelt The President of the United States Dated Feb. 19th 1937
F. R. Doc. 37-556; PUed, February 24,1937; 12:39 p. m .

A mendm ent M tt.k
to in
O rder N o . 12, R egulating t h e H andling t h e D u b u q u e , I o w a , M ark etin g A rea
of
Whereas, pursuant to Title I of the Agricultural Adjust ment Act, approved May 12, 1933, as amended, hereinafter called the act, the Secretary of Agriculture, hereinafter called the Secretary, on August 17, 1936,1 tentatively approved a Marketing Agreement Regulating the Handling of Milk in the Dubuque, Iowa, Marketing Area; and Whereas, on September 17,1936, the Secretary issued Order No. 12, regulating the handling of milk in the Dubuque, Iowa, Marketing Area, said order being effective 12:01 a. m., c. s. t., October 1, 1936; and Whereas, the Secretary, having reason to believe that an amendment should be made to said tentatively approved!
marketing agreement and said approved order, gave on the 19th day o f December 1936 notice of a hearing3 to be held on the 29th day of December 1936 in Dubuque, Iowa, on a pro posed amendment to said tentatively approved marketing agreement and said approved order, and at said time and place conducted a public hearing at which all interested parties were afforded an opportunity to be heard on the proposed amendment to said tentatively approved marketing agreement and said order; and Whereas, after such hearing and after the approval, on the 23rd day of January 1937, by the Secretary of an amend ment to said tentatively .approved marketing agreement, handlers of more than 50 per centum of the volume of milk covered by such order, as amended, which is marketed within the Dubuque, Iowa, Marketing Area, refused or failed to sign said tentatively approved marketing agreement, as amended;
and Whereas, the Secretary determined on the 19th day o f February 1937, said determination being approved by the President of the United States on the 19th day of February;
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