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F E D E R A L R E G I S T E R , Novem ber 19, 1936

2279

5.
T hat the issuance of the amendment to the order and a ll the terms and conditions of the order, as amended, w ill tend to effectuate the declared policy to establish and m ain A mendment to O rder N o . 11, R egulating the H andling of tain such m arketing conditions in the handling of milk in the aforesaid area as w ill reestablish prices of milk to producers M tt.k i n t h e D is t r ic t o f C o l u m b ia M a r k e t in g A rea of milk in said area at a level that w ill give such milk a pur Whereas, pursuant to Title I of the Agricultural Adjustment chasing power with respect to articles that such producers Act, approved M ay 12, 1933, as amended, hereinafter called buy equivalent to the purchasing power o f milk in the base th act, the Secretary of Agriculture, hereinafter called the period, August 1924July 1929;
Secretary, on August 25, 1936, tentatively approved a M ar Now, therefore, the Secretary, pursuant to the authority keting Agreement Regulating the Handling of M ilk in the vested in him by the act, hereby orders that, from the effec District of Colum bia M arketing A rea; and tive date hereof, handlers, as defined in article I of the order Whereas, on September 17, 1936, the Secretary issued Order regulating the handling of milk in the District of Colum bia No. 11, regulating the handling of milk in the District of M arketing Area, shall purchase milk from producers, as de Columbia M arketing Area, said order being effective 12:01 fined in article I of said order, in conformity to, and in a. m., e. s. September 21, 1936; and compliance with, the terms and conditions of said order, as Whereas, the Secretary, having reason to believe that an amended, and further orders that said order be and it is amendment should be made to said tentatively approved hereby amended as follows:
marketing agreement and said approved order, gave on the A. Delete from the last line but one of section 2 of article 15th day of October 1936 notice of a hearing to be held on H I the words a sworn invoice of such sale, substitute there the 20th day of October 1936, in the District of Columbia, fo r the word certification, and add, at the end of the on a proposed amendment to said tentatively approved m ar sentence, the words as to the price paid by such purchaser keting agreement and said approved order, and at said time and as to the use of such milk or cream in the m anufacture and place conducted a public hearing at which all interested of ice cream.
parties were afforded an opportunity to be heard on the B. Delete from section 3 of article H I the words received proposed amendment to said tentatively approved m arketing from producers.
agreement and said order; and C. Change the minimum prices set forth in article IV a
Whereas, after such hearing and after the approval, on by substituting $2.77 for $2.82 in sections 1 and 2; and b by the 27th day of October 1936, by the Secretary of an amend adding a new section 4 as follows:
ment to said tentatively approved m arketing agreement, S ec . 4. Temporary Class I Price. During the period of tim e begin handlers of more than 50 per centum of the volume of milk with December 1, 1936, and ending with April 30, 1937, the covered by such order, as amended, which is marketed within ning m in im u m Class I price shall be $3.24 per hundredweight in lieu o f the District of Colum bia M arketing Area, refused or failed $2.77 per hundredweight as set forth in sections 1 and 2 o f this to sign said tentatively approved marketing agreement, as article.
amended; and _
D. In paragraph 1 of section 1 of article V place a semi Whereas, the Secretary determined on the 29th day of colon after the word handlers" and delete the remainder of October 1936, said determination being approved by the the paragraph.
President of the United States on the 30th day of October E. Delete sections 4 and 5 of article V I and substitute there 1936, that said refusal or failure tends to prevent the ef fo r new sections 4 and 5 as follows:
fectuation of the declared policy to establish and m aintain Sec. 4. Bases. The base o f each producer shall be a quantity of such marketing conditions in the handling of m ilk in the aforesaid area as would reestablish prices of milk to pro m ilk for each delivery period calculated in the following manner:
M ultiply the rating in effect for such producer, pursuant to section ducers of milk in said area at a level that would give such 5 of this article, by the number of days on which such producer milk a purchasing power with respect to articles that such delivered m ilk during such delivery period, but, if the total milk producers buy equivalent to the purchasing power of such delivered not in excess of bases thus calculated is greater than Class milk in the base period, August 1924-July 1929, and that I milk, then take that percentage of the above result which the Market Administrator announces as the percentage which will make the issuance of this amendment to said order is the only the total milk delivered not in excess of bases approximately equal practical means, pursuant to such policy, of advancing the hut not exceed the total of Class I m ilk for such delivery period.
S ec . 5. Base Ratings. The Market Administrator shall determine interests of producers of milk in said area and is approved a base rating for each producer w ith respect to deliveries of m ilk in or favored by over 84 per centum of the producers who, dur bulk to handlers from the farm currently operated by such producer, ing the month of September 1936, said month being deter during a representative period of tim e as follows:
1. Ratings in effect up to and including December 31, 1936, mined by the Secretary to be a representative period, have been engaged in the production of milk for sale in the shall be 90 percent of the average daily delivery of milk, during the months of October, November, and December, 1935;
District of Columbia M arketing Area; and 2. Ratings in ffect for the calendar year 1937 shall be 90 percent Whereas, the Secretary finds, upon the evidence introduced of the average daily delivery o f milk during the months o f October, November, and December of the, years 1936 and 1935;
at the hearing on such proposed amendment, said findings 3. Ratings in effect fo r each calendar year after 1937 shall be being in addition to the findings made upon the evidence determined with reference to the average daily delivery of m ilk introduced at the hearing on said order:
during the months of October, November, and December o f the 1. That the prices set forth in the order, as amended, will, preceding calendar year as follows:
over a period of time, tend to give m ilk marketed in the said a I f the average daily delivery of m ilk was less than the rating then in effect, the new rating shall be the average daily marketing area a purchasing power, with respect to articles delivery;
that producers buy, equivalent to, but not above, the purchas b I f the average daily delivery o f m ilk was not less than ing power of such milk in the base period;
100 percent, nor more than 110 percent, of the rating then in effect, the same rating shall continue in effect; and 2. That the amendment of the base-rating provisions of c I f the average daily delivery of m ilk was more than 110
the order constitute an equitable method of apportioning percent o f the rating then in effect, the new rating shall be among producers the sale of Class I milk and that the the previous rating increased by that proportion of the average methods for determining bases are fa ir and reasonable;
daily delivery of mUk over 110 percent of the rating which, when applied to all producers in like circumstance, will bring 3. That the rem aining amendments to the order are inci the total of all new ratings approximately equal to 90 percent dental to, and not inconsistent with, the other terms and o f the total average daily Class f m ilk during the said months.
conditions of the order, and are necessary to effectuate the 4. Except as set forth in paragraph 5 of this section, in the provisions of the order;
event that the Market Administrator is without inform ation as to 4. That the order, as amended, regulates the handling of deliveries of m ilk during at least 60 consecutive days of the milk in the same manner as, and is applicable only to months o f October, November, and December of the preceding calendar year, the rating in effect for any producer during each of handlers, specified in the tentatively approved marketing the first three delivery periods in which he delivers m ilk shall be agreement, as amended, upon which hearings have been the percentage o f bis average daily delivery of m ilk which the Market Administrator determines as the relation between the held; and DEPARTM ENT OF AG R IC U LTU R E.

Agricultural Adjustment Administration.