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REGISTER

EDERAL
VOLUME 2

934

NUMBER 160

C

Washington, Thursday, August 19, 1937
DEPARTMENT OF THE INTERIOR.
National Bituminous Coal Commission.
Order No. 39
A n O rder R e q u i r in g t h e S e v e r a l D is t r i c t B oards W i t h i n M i n i m u m P r ic e A re a s N u m b e r 1 a n d N u m b e r 2 T o P r o p o s e M i n i m u m P r ic e s f o r A l l K i n d s , Q u a l i t i e s a n d S iz e s o f C o al P r o d u c e d b y C od e M e m b e r s i n S a id D i s t r i c t s ;
P r o v id in g f o r t h e C o o r d in a t io n o f M i n i m u m P r ic e s S o P ro po sed a n d G i v i n g N o t ic e o f a P u b l i c H e a r in g b y t h e C o m m is s io n f o r t h e P u r p o s e o f R e c e iv i n g E v id e n c e T o E n a b l e t h e C o m m i s s i o n T o A p p r o v e , D is a p p r o v e o r M o d i f y S u c h P r o po se d M i n i m u m P r ic e s , T o E s t a b l is h M i n i m u m P r ic e s a n d D e t e r m i n e t h e E x t e n t o f t h e A p p l i c a b i l i t y T hereof
Pursuant to act of Congress entitled An Act to regulate interstate commerce in bituminous coal, and for other pur poses Public, No. 48, 75th Cong., 1st sess., known as the Bituminous Coal Act of 1937,the National Bituminous Coal Commission hereby orders and directs:
1. That each District Board within the areas defined In said Act as Minimum Price Areas Number 1 and Number 2
shall forthwith proceed to consider and shall, on or before the 2nd day of September, 1937, propose to the Commission minimum prices free on board transportation facilities at the mines for all kinds, qualities and sizes of coal produced in said district by code members, and to propose such price variations as to mines, consuming market areas, values as to uses and seasonal demand, as may be deemed proper and within the authority conferred by said Act.
Schedules of such proposed minimum prices, together with the data upon which they were computed, including, but without limitation, the factors considered in d e te rm in in g the price relationship, shall be submitted to the Commission by each District Board within Minimum Price Areas Number 1
and Number 2 on or before the 2nd day of September, 1937, and the Commission may thereupon approve, disapprove or modify such proposed minimum prices to conform to the requirements of subsection a of Part n , entitled "Market ing, of Section 4 of the Act.
2. Each District Board within M i nim u m Price Areas Num ber 1 and Number 2 respectively, in order to facilitate the determination of such proposed minimum prices, shall, in computing proposed minimum prices, use as the weighted average of the total cost per net ton of the tonnage of such Minimum Price Area, as provided in subsection a of Part H of Section 4 of the Act, the sum of $2.22 per net ton for Minimum Price Area Number 1 and the sum of $1.88 per net ton for Minimum Price Area Number 2, these amounts being tentatively established and determined by the Commission for such use, subject, however, to the express condition that
prior to final approval, disapproval or modification of said proposed m in im u m prices by the Commission, there shall be substituted for such tentative weighted average costs the actual weighted average costs of the tonnage for each of the M in im u m Price Areas Number 1 and Number 2 referred to respectively in this order, to be hereafter determined by the Commission in conformity with subsection a , Part H, Section 4, of the Act, and in making such substitutions such proposed prices shall be so modified as to give full effect to the differences, if any, between the tentative and actual weighted average costs.
3. Each District Board within Minimum Price Areas Num ber 1 and Number 2 shall, by formal resolution, designate a representative or representatives of the Board with full au thority to attend a meeting to be held as herein provided, and to act in its behalf for the purpose of coordinating such proposed m in im u m prices In conformity with the require ments of subsection b of Part H, Section 4, of the Act.
Said meeting is hereby set for 10:00 oclock A. M., Sep tember 8, 1937, at the office of the Commission in Washing ton, D. C., and is to be conducted under the direction o f Commission.
Coordination of such proposed minimum prices shall be completed and the proposed minimum prices, as coordinated, shall be submitted to the Commission not later than the 23rd day of September, 1937. The proposed minimum prices, as coordinated and submitted to the Commission, will be on file in the office of the Secretary of the Commission on the 24th day of September, 1937, and will be available for inspection thereafter during office hours to all interested parties until the time for the hearing hereinafter set forth.
4. A hearing shall be held by the Commission on the 27th day of September, 1937, commencing at 10:00 oclock A. M., in the Hearing Room o f the Commission at the Carlton Hotel, Washington, D. C., for the purpose of receiving evi dence to enable the Commission to establish and make effec tive m in im u m prices in accordance with the standards set forth in subsections a and b , Part H, Section 4, of the Act, and to determine such limitations as may be required to be imposed upon the applicability of said prices.
The Secretary of the C o m m ission shall forthwith mail copies of this order to the Consumers Counsel, to the Secre taries of all District Boards in Minimum Price Areas Number 1 and Number 2, and to all code members within the districts in each of said price areas.
By order of the Commission.
seal!

P . W it c h e r M c C u l l o u g h ,
Secretary.
Dated this 17th day of August, 1937.
F. R. Doc. 37-2569; Filed, August 18,1937; 11:49 a. m.

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