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REGISTER
VOLUME 21

/ 1934

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NlTV

NUMBER 149

Washington, Thursday, August 2, J 956

TITLE 7 AGRICULTURE
Chapter IX Agricultural Marketing Service Marketing Agreements and Orders, Department of Agriculture Peach Order 1
P art
940 P e a c h e s County
of
G rown in M esa , C o l o .

the
REGULATION B Y GRADES AND SIZES

940.308 Peach Order 1 a Find ings. 1 Pursuant to the marketing agreement, as amended, and Order No.
40, as amended 7 CFR Part 940 ; 21 F. R.
5673, regulating the handling of peaches grown in the County of Mesa in the State of Colorado, effective under the appli cable provisions of the Agricultural Mar keting Agreement Act of 1937, as amended 7 U. S. C. 601 et seq.; 68 Stat.
906, 1047, and upon the basis of the recommendations of the Administrative Committee, established under the afore said amended marketing agreement and order, and upon other available informa tion, it is hereby found that the limitation of shipments of such peaches, as herein after provided, will tend to effectuate the declared policy of the act.
2 I t is hereby further found that is impracticable and contrary to the pub lic interest to give preliminary notice, engage in public rule-making procedure, and postpone the effective date o f this regulation until 30 days after publication thereof in the F ed eral R e g is t e r 60 Stat.
237; 5 U. S. C. 1001 et seq. in that, as hereinafter set forth, the time interven ing between the date when information upon which this regulation is based be came available and the time when this regulation must become effective in order to effectuate the declared policy o f the act is insufficient; a reasonable time is Permitted, under the circumstances, for Preparation for such effective time; and good cause exists for making the provi sions hereof effective not later than Au gust 3, 1956. A reasonable determina tion as to the supply of, and the demand tor, such peaches must await the devel opment of the crop and adequate inforniation thereon was not available to the Administrative Committee until July 26, 1956; recommendations as to the need for, and the extent of, regulation of ship ments of such peaches were made by said committee on July 26, 1956, after con sideration of all information then availa
ble relative to the supply and demand CONTENTS
conditions for such peaches, at which time the recommendations and support Agricultural Marketing Service ing information were submitted to the Department, and made available to grow Notices:
H ill City Sale Co. et al.; posting ers and handlers; necessary supplemen of stockyards________________
tal information was not available to the Department until July 30, 1956; ship Proposed rule making:
Limes grown in Florida________
ments of some o f the early varieties of the current crop of peaches have begun Rules and regulations:
Peaches grown in County of in light volume, and shipments in heavy Mesa in Colorado; regulation volume are expected to begin shortly, by grades and sizes__________
and this regulation should be applicable, insofar as practicable, to all shipments Agriculture Department of such peaches in order to effectuate the See Agricultural Marketing Serv declared policy of the act; and compli ice; Commodity Exchange Au ance with this regulation will not re thority.
quire of handlers any preparation there for which cannot be completed by the Army Department effective time hereof.
Notices:
b Order. 1 During the period be Reports of appointment and ginning at 12:01 a. m., m. s. t., August.3, statements of financial in 1956, and ending at 12:01 a. m., m. s. t., terests:
October 15,1956, no handler shall ship:
Clark, E. M __________________
i Any peaches of any variety which Heacock, Byron C________
do not grade at least U. S. No. 1;
McCrossin, Edward F________
ii Any peaches o f the Early Elberta Mosher, Chas. F _____________
or Gleason Elberta varieties which are of Civil Aeronautics Administra a size smaller than 2 inches in diameter:
tion Provided;Th at any lot of peaches shall be itdeemed to be of a size not smaller, than 2 Rules and regulations:
inches in diameter a if not more than Standard instrument approach 10 percent, by count, of the peaches in procedures; alterations______
such lot are smaller than 2 inches in diameter; and b if not more than 15 Civil Aeronautics Board percent, by count, of the peaches con Rules and regulations:
tained in any individual container in Special civil air regulation; ex such lot are smaller than 2 inches in tension of July 27, 1956, date diameter; or for identification of aircraftiii Any varieties of peaches other Commerce Department than the Early Elberta and Gleason El berta varieties which are of a size smaller See Civil Aeronautics Administra tion.
than 2y8 inches in diameter: Provided, That any lot of peaches shall be deemed Commodity Exchange Authority to be of a size not smaller than 2y8 inches in diameter a if not more than 10 per Proposed rule making:
Processors and manufacturers;
cent, by count, of the peaches in such lot hedging anticipated require are smaller than 2Ys inches in diameter;
ments; hearing______ _______
and 6 if not more than 15 percent, by count, of the peaches contained in.any Defense Department individual container in such lot are See Army Department.
smaller than 2 % inches in diameter.
3 Definitions.
As used herein,Federal Communications Com peaches, handler, ship, and varie mission ties shall have the same meaning as Notices:
when used in the aforesaid amended Hearings, etc.:
marketing agreement and order; U. S.
Mathis, Bill, and Key City No. 1, diameter, and count shall Broadcasters_______________
have the same meaning as when used in Nevada Telecasting C o r p.
Continued on p. 5773
K A K J ___________________
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