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FEDERAL REGISTER, Friday, November 19, 1937
The purpose of such hearing is to receive evidence likely to be of assistance to the Secretary of Agriculture in determin ing, 1 pursuant to the provisions of Section 301 d of the said act, fair and reasonable prices for sugarcane to be paid by processors who, as producers, apply for payments under the said act; and 2 pursuant to the provisions of Section 301 b of the said act, fair and reasonable wage rates for persons employed in the production, cultivation of harvesting of the 1938 crop of sugarcane on farms with re spect to which applications for payment under the said act are made.
J. Bernhardt, J. B. Frisbie and G. Laguardia are hereby designated as presiding officers to conduct either jointly, or severally the foregoing hearing.
Done at Washington, D. C., this 17th day of November, 1937. Witness my hand and the seal of the Department of Agriculture.
seal
M. Ii. W ilson ,
Acting Secretary.
F. R. Doc. 87-3354; Filed, November 17,1937; 3:46 p. m.

D etermination of P roportionate S hares for S ugarcane P roducers in P uerto R ico for the Crop Y ears 1938 and 1939, P ursuant to the S ugar Act of 1937
N ovember 18, 1937.

Whereas, Section 302 of the Sugar Act of 1937 provides in part as follows;
a The amount of sugar or liquid sugar with respect to which payment may be made shall be the amount of sugar or liquid sugar commercially recoverable, as determined by the Secretary, from the sugar beets or sugarcane grown on the farm and marketed or processed by the producer not in excess of the proportionate share for the farm, as determined by the Secretary, of the quantity of sugar beets or sugarcane for the extraction of sugar or liquid sugar required to be processed to enable the producing area in which the crop of sugar beets or sugarcane is grown to meet the quota and provide a normal carry-over inventory estimated by the Secretary for such area for the cal endar year during which the larger part of the sugar or liquid sugar from such crop normally would be marketed.
b In determining the proportionate shares with respect to a farm, the Secretary may take into consideration the past pro duction on the farm of sugar beets and sugarcane marketed or processed for the extraction of sugar or liquid sugar and the ability to produce such sugar beets or sugarcane, and the Secre tary shall, insofar as practicable, protect the interests of new producers and small producers and the interests of producers who are cash tenants, share-tenants, adherent planters, or share croppers.

and Whereas, subsection c of section 301 of said act provides, as one of the conditions for payment to producers of sugar beets and sugarcane, as follows:
c That there shall not have been marketed or processed an amount in terms of planted acreage, weight, or recoverable sugar content of sugar beets or sugarcane grown on the farm and used for the production of sugar or liquid sugar to be marketed in, or so as to compete with or otherwise directly affect interstate or foreign commerce, n excess of the proportionate share for the farm, as determine u by the Secretary pursuant to the provisions of section 302, of the total quantity of sugar beets or sugarcane required to be processed to enable the area in which such sugar beets or sugarcane are produced to meet the quota and provide a normal carry-over inventory as estimated by the Secretary for such area for the calendar year during which the larger part of the sugar or liquid sugar from such crop normally would be marketed.

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proportionate share for the 1938 crop shall be calculated, in terms of short tons of sugar, raw value, by multiplying such 1937 base by a fraction whose numerator shall be the sum of the sugar quotas to be established for Puerto Rico for the calendar year 1938, pursuant to sections 201 and 203
of the said act, plus whatever amount may be required to provide a normal carry-over inventory for Puerto Rico pursuant to section 302 a of the said act, and whose denominator shall be the total of such 1937 bases, plus the total of the 1937 bases determined for new growers1 as pro vided in 2 and 3 below. A producer for whom a 1937 mar keting allotment was established as aforesaid, and who is now growing sugarcane on land covered by a 1937 marketing allotment but from which no sugarcane was harvested dur ing the crop year 1931, 1932, or 1934, or any subsequent crop year, may be considered as a new grower for 1938 with respect to such new production, in accordance with the provisions of 2 and 3 below.
2. For a producer for whom a 1937 marketing allotment was not established pursuant to the provisions of the said Puerto Rico Sugar Order No. 5, and whose current production, as estimated by the Secretary of Agriculture, is 15 tons of sugar, raw value, or less, the production so estimated shall constitute his 1937 base, and his proportionate share for the 1938 crop shall be calculated, in terms of short tons of sugar, raw value, by adjusting such 1937 base in the manner specified in 1
above.
3. For a producer for whom a 1937 marketing allotment was not established pursuant to the provisions of the said Puerto Rico Sugar Order No. 5, and whose current production, as estimated by the Secretary of Agriculture, is more than 15
tons of sugar, raw value, the 1937 base shall be the greater of either:
a 15 tons, plus an amount determined by multiplying the first ton of such estimated production in excess of 15
tons by 98 per centum, and thereafter by multiplying each successive ton by a percentage figure which shall be pro gressively reduced by 2 per centum for every such ton;
b 30 per centum of the current production in terms of short tons of sugar, raw value, estimated as aforesaid;
and his proportionate share for the 1938 crop year shall be calculated in terms of short tons of sugar, raw value, by adjusting such 1937 base in the manner specified in 1 above.
n For the crop year 1939, proportionate shares shall be estab lished in the same manner as set forth above, except that for a producer for whom a proportionate share was established in 1938, such proportionate share shall constitute the base to be adjusted for the crop year 1939 as provided in 1 above, and the figure resulting from such adjustment shall be the proportionate share for the crop year 1939; and except, fur ther, that for a producer for whom a proportionate share was not established in 1938 i. e., for a new grower for 1939, the figure obtained pursuant to the provisions of 2 or of alternative a of 3 above, whichever is applicable, shall con stitute the base to be adjusted as provided in 1 above, and the figure resulting from such adjustment shall be the pro portionate share for the crop year 1939.
m 1. Where a producer wishes to be considered as a new grower for any of the years referred to above, application must be made at such time and in such manner as may be prescribed by the Secretary of Agriculture.
2. In the event that a proportionate share for any year, established in accordance with the foregoing provisions of
Now, therefore, pursuant to the foregoing sections of the said act, I, H. A. Wallace, Secretary of Agriculture, do hereby determine that proportionate shares for sugarcane producers in Puerto Rico for the crop years 1938 and 1939 shall be estab lished on the following bases:
I 1A new grower producer for the 1938 crop year shall be the 1.
For a producer for whom a 1937 marketing allotment person who Is the legal owner of the sugarcane crop grown on land was established, pursuant to the provisions of Puerto Rico for which a 1937 marketing allotment was not established pursuant the provisions of Puerto Rico Sugar Order No. 5; and for the Sugar Order No. 5, issued November 24, 1936,1 such 1937 to crop year 1939, a new grower producer shall be the person who marketing allotment shall constitute his 1937 base, and his is the legal owner of the sugarcane crop grown on land for which 11 F. R. 2039.

a proportionate share for 1938 has not been established pursuant to the provisions of this determination.