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1463

FEDERAL REGISTER, J u ly 16, 1937
DEPARTMENT OF THE INTERIOR.
National Bituminous Coal Commission.
Order No. 13
A n O rder P r o v id in g f o r a H e a r in g t o D e t e r m in e t h e N a t u r e and Ex t e n t o f I ntrastate C o m m er ce i n B it u m in o u s C oal i n t h e S ta te o f O h i o a n d t h e E f f e c t o f S u c h C o m m e r c e U p 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 a l , t o be H e ld a t C o l u m b u s , O h i o , o n J u l y 28, 1937, D e s ig n a t io n o f E x a m
in e r t o P r e s id e a t S u c h H e a r in g a n d N o t ic e T h e r e o f
Pursuant to act of Congress entitled An Act to regu late interstate commerce in bituminous coal, and for other purposes Public, No. 48, 75th Cong., 1st sess., known as the Bituminous Coal Act of 1937, the National Bituminous Coal Commission, upon being advised by certain producers, producers organizations, and other interested parties in a public hearing held at the Commissions Hearing Room at Washington, D. C. on the 12th day of July, 1937, that a hearing to determine the effect of intrastate transactions in bituminous coal upon interstate transactions in bituminous coal in the state of Ohio would be desirable, and upon in vestigation hereby orders:
1. That on July 28, 1937, commencing at the hour of ten 10 A. M., at the Hearing Room of the Commission in the Deschler-Wallick Hotel, Columbus, Ohio, a public hear ing will be held to determine the nature and extent of intra state commerce in bituminous coal in the state of Qhio, and the effect of such commerce upon interstate commerce in such coal and to determine what, if any, undue or unreason able advantage, preference or prejudice, will exist between localities in Ohio in such commerce on the one hand and in terstate commerce as regulated by the Bituminous Coal Act of 1937 on the other hand and what, if any, undue, un reasonable or unjust discriminations against interstate com merce in coal have-occurred or will occur under the adminis tration of Section 4 of said Act to the end that the Com mission may, after hearing, take such action as is necessary to give effect to the Bituminous Coal Code and to the pro visions of Section 4-A of said Act.
2. That George Edward Acret, Examjper of this Commis sion, is hereby designated to preside at such hearing.
3. That interested parties may appear and present evi dence at such hearing.
; f 4. That this order and notice shall not be construed as making any person receiving a copy thereof a party to this proceeding within the provision of Section 6 b of the Act.
5. That the Secretary of the Commission shall forthwith mail a copy of this notice to each known producer of bituminous coal in the state of Ohio, and shall cause to be published at the expense of the Commission a copy of this order and notice for three 3 days in newspapers of general circulation in the counties in Ohio in which bituminous coal is produced.
By order of the Commission.
Dated this 14th day of July 1937.
seal P . W it c h e r M c C u l l o u g h , Secretary.
P. R. Doc. 37-2177; Piled, July 15,1937; 12:04 p. m

DEPARTMENT OF AGRICULTURE.
Bureau of Agricultural Economics.
R e v is e d O f f ic i a l U n i t e d S t a t e s S ta n d a r d s o f Q u a l i t y a n d C o n d i t io n fo r D r y P eas , S u p e r s e d in g t h e S ta n d a r d s A p
proved A p r il 2, 1935

By virtue of the authority vested in the Secretary of A g riculture by the act of Congress entitled An act making appropriations for the Department of Agriculture fo r the fiscal year ending June 30, 1938, and for other purposes, approved June 29, 1937, Public No. 173, 75th Congress, I, Harry L. Brown, Acting Secretary of Agriculture, do here by fix, establish, and promulgate the following standards ,of quality and condition for dry peas, which shall become the official standards of the United States for the inspection and certification of such peas on the 20th day of July, 1937, and be in force and effect as long as Congress shall provide
the necessary authority therefor, unless amended or super seded by standards hereafter prescribed and promulgated under such authority. These standards are amendatory of, and therefore Shall supersede the standards for dry peas approved April 2, 1935, effective June 10, 1935.
In testimony whereof I have hereto set my hand and caused the official seal of the Department of Agriculture to be affixed, in the city of Washington this 14th day of July 1937.

seal
H arry L. B r o w n ,
Acting Secretary.
O f f i c i a l U n it e d S t a t e s S ta n d a r d s f o r P eas DEFINITIONS

For the purpose of the official United States standards for peas:
Peas shall be the dry threshed peas of any variety or kind of field and garden peas and which contain not to exceed 50 percent of foreign material including dockage and not to exceed 5 percent of foreign material. after the removal of dockage.
Basis of determinations. All determinations of factors en tering into the grading of a lot of peas and the testing of a lot of peas for dockage shall be made upon the basis of a representative sample drawn in accordance with methods approved by the Chief of the Bureau of Agricultural Economics.
Percentages. All percentages, except in the case of mois ture, shall be ascertained by weight.
Percentage of moisture shall be that ascertained by the water oven and the method of use thereof described in Service and Regulatory Announcements Nos. 147 of the Bureau of Agricultural Economics of the United States De partment of Agriculture, of that ascertained by any device and method which give equivalent results in the determina tion of moisture.
Dockage shall apply only to thresher-run peas or peas which have not been recleaned and/or processed and shall include dirt, weed seeds, chaff, cereal grains, and all other matter other than peas which can be readily removed by the use of appropriate sieves or cleaning devices and all small, undeveloped peas and splits or pieces of peas that pass readily through a sieve with slotted perforations which will result in the smallest loss of marketable peas applicable to the principal use of the class being tested, the perforations of such sieve to be of one of the following dimensions:
%4 inch x % inch.
%4 inch x % inch.
!%4 inch x % inch.
inch x % inch.
i %4 inch x % inch.
inch x % inch.
i %4 inch x % inch.
Dockage shall be determined on the basis of not less than a one-thousand-gram portion o f the original sample includ ing the dockage. In calculating total dockage, fractional percentages of less than one percent shall be ignored.
Foreign material other than dockage or inseparable fo r eign material shall include all matter other than peas which is not separated from the sample in the proper determination of dockage.
Weevil damage shall be all peas and splits which are dis tinctly injured by pea weevil or other insects.
Damage shall be peas and splits which are so badly injured or discolored by weather, disease, or other causes, as to affect seriously the appearance and quality of the sample, but shall not include weevil damage.
Splits shall be peas which are split or broken and shall in clude peas the halves of which are held together loosely, but shall not include splits that are damaged or weevil dam aged or peas with cracked seed coats.
Shriveled shall be peas which are distinctly shriveled in contrast with the natural shape and appearance characteris tic of the class of peas being graded but shall not include such peas that are damaged or weevil damaged.