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2282

F E D E R A L R E G IS T E R , T hursday, S eptem ber 22, 1938

4 -II b of the Act, at which time all interested parties will be afforded an opportunity to be heard.
2. That at said hearing the Commis sion will receive evidence relating to the kinds, qualities, and sizes of coal pro duced in each of the aforesaid districts, and evidence relating to the classification of such coal, price variations as to mines, consuming market areas, values as to uses and seasonal demand, and evidence as to whether or not such proposed minij mum prices conform, or in what respect they should be modified so as to conform, to the following requirements of Subsec tion a of Part II, Section 4 of the Act:
A. The proposed minimum prices for each of the aforesaid districts shall yield a return, per net ton, for such districts, equal as narly as may be to the weighted average o f the total costs, per net ton, of the tonnage of the minimum price area within which such district is lo cated, as said weighted average hereto fore has been determined by order of the Commission dated August 10, 1938,1 in this proceeding.
B. They shall reflect, as nearly as pos sible, the relative market value of the va rious kinds, qualities and sizes of coal to which they are applicable.
C. They shall be just and equitable as between producers within the district.
D. They shall have due regard to the interests o f the consuming public.
E. They shall be just and equitable as between producers within the district, for any kind, quality or size of coal for shipment into any consuming market area.
P. They shall not permit dumping.
A t said hearing the Commission will also receive evidence as to whether or not such proposed marketing rules and reg ulations are consistent with the require ments of Section 4 -II a o f the Act, and conform to the standards of fa ir compe tition established by the Act, or in what respect they should be modified to be made consistent with the requirements of Section 4 -II a of the Act, and to conform to the standards of fair compe tition established by said Act.
3. That the Secretary is hereby directed to cause copies of the aforesaid proposals to be made available forthwith for in spection by interested parties at the Office of the Secretary of the Commission at Washington, D. C., and at the office of each Statistical Bureau of the Commis sion within each of District Nos. 1, 2, 3, 4, 5, 6 , 7, 8 , and 13.
4. That the Secretary of the Commis sion shall cause a copy of this Notice of and Order for Hearing to be published forthwith in the F ederal R e g is t e r and in two consecutive issues of a newspaper of general circulation in each of the afore said districts, and shall cause copies hereof to be mailed to each Code member, the Consumers Counsel, and to the Sec 13 F. R. 1987 D I .

retary of each District Board, and to be made available for inspection in each of the Statistical Bureaus of the Commis sion.
By order of the Commission.
Dated this 19th day of September, 1938.
seal
F . W it c h e r M cC u l l o u g h ,
Secretary.
P. R. Doc. 38-2769; Piled, September 21, 1938; 10:19 a.m .

Docket No. 497F D
I n t h e M a tter o f A p p l ic a t i o n o f F a ir
m o n t C o a l s , I n c ., f o r P r o v is io n a l A p
p r o v a l a s a M a r k e t in g A g e n c y n o t i c e o f c o n t in u a n c e o f h e a r in g
The above entitled matter, having been previously noticed 1 for hearing for September 21, 1938, at 10 oclock a. m., at the Hearing Room of the Commis sion, 15th and Eye Streets NW., Wash ington, D. C., and having been assigned to Examiner Hill McAlister to conduct said hearing, and the above named ap plicant having requested a continuance until the 26th day of September 1938, and having made proper showing there for:
Notice is hereby given that the Hear ing in the above entitled matter is con tinued to the 26th day of September 1938, at the same hour and place as pro vided in original notice.
A copy of this notice of continuance shall forthwith be mailed to the appli cant above named, and to the secretary of each district board, and to the Con sumers Counsel, and a copy hereof shall be published in the F ederal R e g is t e r .
By order of the Examiner.
Dated this 19th day of September 1938.
seal
F . W it c h e r M c C u l l o u g h ,
Secretary.
P . R. Doc. 38-2770; Filed, September 21, 1938; 10:19 a.m .

the first paragraph of Section 4-A, of the Bituminous Coal Act of 1937 ; and The Commission, having by its order fo r and notice of hearing, issued on the 31st day of August,1 1938, ordered and noticed a hearing on said applications for exemption to be held at the hearing room of the Commission in the Kirk wood Hotel, Des Moines, Iowa, on the 26th day of September, 1938; and The above named applicants, with the exception of the Mahaska Coal Company, having filed with the Commission with drawals, without prejudice, of their ap plications for exemption; and, the Com mission, by its order dated the 19th day of September, 1938, having granted said withdrawals, without prejudice; and The Commission, by its order dated the 19th day of September, 1938, having, on its own motion, dismissed without prej udice the application for exemption filed by the Mahaska Coal Company, Now, therefore, it is hereby ordered:
1. That said order for and notice of hearings, dated the 31st day of August, 1938, providing for hearings to be held on the applications for exemption from the provisions of Section 4 and the first para graph of Section 4-A, filed by the above named applicants be and the same here by is, rescinded.
2. The Secretary of the Commission is directed forthwith to mail a copy of this order to each of the applicants above named or to their attorneys of record, to the Consumers Counsel; to the Secretary of each District Board, to the Commis sioner of Internal Revenue, and shall cause a copy hereof to be filed and made available for inspection at each of the Statistical Bureaus of the Commission;
and shall cause a copy hereof to be pub lished for two consecutive days in two newspapers of general circulation in the State of Iowa; and shall cause a copy hereof to be published in the F ederal R e g is t e r .

By order of the Commission.
Dated this 19th day of September, 1938.
seal
Docket Nos. 398-FD, 401-FD, 364-FD, 368FD, 412FD, and 383-FD
I n t h e M a t t er o f t h e A p p l ic a t io n s fo r E x e m p t i o n b y C . A . R ig g e n C o a l C o ., H arvey, I o w a ;
B radley B rothers C o a l C o ., K n o x v i l l e , I o w a ; B e c k C o a l a n d M i n i n g C o ., D es M o i n e s , I o w a ; L ite r C o a l C o ., C a r l is l e , I o w a ;
M a h a s k a C o a l C o ., O s k a l o o s a , I o w a ;
a n d D i a m o n d B l o c k C o a l C o ., P e l l a , I owa order
r e s c in d in g
order f o r
and
n o t ic e
OF HEARINGS

The above named applicants, having filed with the Commission, pursuant to the second paragraph of Section 4A, their respective applications for exemp tion from the provisions of Section 4 and 13 F. R. 2206 DI.

F . W it c h e r M c C u l l o u g h ,
Secretary.
P . R. Doc. 38-2776; Piled, September 21, 1938; 12:57 p. m.

RURAL ELECTRIFICATION ADMINIS
TRATION.
Administrative Order No. 290
A l l o c a t io n o f F u n d s fo i ? L o a n s S e p t e m b e r 16, 1938.
By virtue of the authority vested in me by the provisions of Section 4 of the Rural Electrification Act of 1936,1 hereby allo cate, from the sums authorized by said Act, funds for loans for the projects and in the amounts as set forth in the fol lowing schedule:
13 F. R. 2161 DI.