Federal Register - June 25, 1938
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Source: Federal Register
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Washington, Saturday June 25, 1938
Rules , Regulations , Orders TITLE 15COMMERCE
N A TIO N A L BITUMINOUS COAL
COMMISSION
Docket No. 151-FD
I n v e s t ig a t io n o f t h e N a t u r e a n d E x t e n t o f T r a n s a c t io n s i n I n t r a s t a t e C o m
m erce i n B it u m in o u s C oal i n t h e S t a t e o f W a s h in g t o n a n d t h e E f f e c t o f S u c h T r a n s a c t io n s o n I n t e r s t a t e C o m m e r c e i n S u c h C o al
A t a regular session of the National Bituminous Coal Commission held at its offices in Washington, D. C., on the 22nd day of June, 1938.
I t appearing, That by Orders Nos. 2
and 173,1 the Commission, upon its own motion entered into and conducted an investigation 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 bituminous coal in the State o f Washington and the effect of such transactions upon inter state commerce in such coal; and I t further appearing, That reasonable public notice of a hearing was provided and that at said hearing interested par ties were afforded an opportunity to be heard, that the presiding Examiner duly designated by the Commission having filed his report and recommendations and the Commission having given due consideration to said report and recom mendations and to the record of the evi dence in this proceeding; and, the Com mission having on the 6th day of May, 1938, adopted the Examiners report and recommendations as its own which said report is hereby referred to and made a part hereof;
Now, therefore, I t is by order declared :
That substantially all transactions in bituminous coal in intrastate commerce in the State of Washington directly a f fect interstate commerce in such coal;
and 12 F. R. 1256 D I ; 3 P. R. 32 D I .
That there will be an undue or unrea sonable advantage, preference or preju dice as between localities in Washington in such intrastate commerce on the one hand and interstate commerce in bitu minous coal on the other hand, and an undue, unreasonable, or unjust discrim ination against interstate commerce in such coal if such transactions in intra state commerce or any substantial part thereof are not regulated and subjected to the provisions of Section 4 of the Bi tuminous Coal Act of 1937.
Therefore, it is further ordered:
1. That on and after the 1st day of August, 1938, all bituminous coal sold, delivered or offered for sale in transac tions in intrastate commerce in such coal in all localities within the State of Washington, shall be subject to the pro visions of Section 4 of the Bituminous Coal Act of 1937, to the Bituminous Coal Code, as promulgated by the Commis sion and made effective on the 21st day of June 1937,2 and to all relevant orders of the Commission in effect on the date of this order, as well as all further orders which may thereafter be issued by the Commission under Section 4 of said Act, so as to apply to such intrastate com merce in coal within the State of Wash ington.
2. That any producer of bituminous coal in intrastate commerce within the State of Washington, 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 Bituminous Coal Act of 1937, may file application at any time hereafter 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 Commis sion shall give notice to each known pro ducer of bituminous coal within the State of Washington, 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 2 P. R. 1267 D I .
CONTENTS
RULES, REGULATIONS, ORDERS
15 C o m m e r c e :
National Bituminous Coal Com mission:
Pag Washington, investigation, intrastate commerce in bituminous coal, etc_____ 1511
T i t l e 16 C o m p e t it iv e P r a c t ic e s :
Federal Trade Commission, or ders to cease and desist:
American Health Society, Inc., and Medical Book Distributors, I n c ________ 1512
Shaddy, Kelly J., doing busi ness as Magic Chemical Co____________
1512
Warners Renowned Reme dies Co__________________
1513
T i t l e 24 H o u s in g C r e d it :
Home Owners Loan Corpora tion:
imprest cash fund, disburse ment procedure_________
1513
Regional Treasurer, submis sion of administrative expenses for pre-audit__1514
Regional working fund, dis bursement procedure____ 1513
T i t l e 26 I n t e r n a l R e v e n u e :
Bureau o f Internal Revenue:
Bonds covering manufacture, etc., of distilled spirits___ 1514
T it l e 27 I n t o x i c a t i n g L i q u o r s :
Federal. Alcohol Administration Division:
Malt beverages labeling and advertising regulations amended________________ 1515
T it l e
NOTICES
Department of Agriculture:
Agricultural Adjustment Ad ministration:
Fort Wayne, Ind., Marketing Area, hearing on han dling of milk____________ 1516
Department of the Interior:
Division of Territories and Is land Possessions:
Alaska Railroad:
Joint freight tariff, class and commodity rates__1515
Continued on next page
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