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3694

FEDERAL REGISTER, Wednesday, August 23, 1939
TITLE 7AGRICULTURE

DIVISION OF MARKETING AND
MARKETING AGREEMENTS
Order No. 391
P art 939O rder R egulating H andling of B eurre D An jo u , B eurre Bose, W inter N elis , D oyenne du C omice, B eurre E aster, and B eurre C lairgeau Varieties of P ears G rown in the S tates of O regon, W ashington, and C alifornia

Published by the Division of the Federal Register, The National Archives, pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 49
Stat. L. 500, under regulations prescribed by the Administrative Committee, w ith the approval of the President.
The Administrative Committee consists of Sec.
th e Archivist or Acting Archivist, an officer 939.1 Definitions.
of the Department of Justice designated by 939.2 Control Committee.
the Attorney General, and the Public Printer a Establishment.
or Acting Public Printer.
b Nomination and selection of successors The daily issue of the F ederal R egister to initial members and their respec will be furnished by mail to subscribers, free tive alternates.
of postage, for $1 per month or $10 per year;
c Meetings for election of nominees.
single copies 10 cents each; payable in ad d Voting.
vance. Remit by money order payable to e Eligibility for membership.
Superintendent of Documents, Government f Failure to nominate.
Printing Office, Washington, D. C.
g Qualifications.
Correspondence concerning the publica h Term of office.
tion of the F ederal R egister should be ad i Alternates for members of the Control dressed to the Director, Division of the Committee.
Federal Register, The National Archives j Vacancies.
Washington, D. C.
k Compensation and expenses.
l Powers of Control Committee.
m Duties of Control Committee.
n Procedure of Control Committee.
1 Quorum and voting.
CONTENTSContinued 2 Mail voting.
3 Rights of the Secretary.
o Funds and other property.
T itle 46S h ippin g :
1 Use of funds.
United States Maritime Com 2 Transfer of funds and property.
mission:
Page 939.3 Expenses and assessments.
a Expenses.
Mississippi Shipping Co., Inc., b Assessments.
minimum manning scales c Handler accounts.
d Use of funds.
for certain subsidized ves e Collection of unpaid assessments.
sels of____________ 3705-3706 939.4
Limitation of shipments.
a Minimum grade.
T itle 47T elecommunications:
b Minimum sizes.
Federal Communications Com c Recommendation for modification of mission:
minimum grade or size.
d Modification of minimum grade or Rules of practice and pro size..
cedure, correction______ 3707
e Exemption certificates.
f Inspection and certification.
939.5 Compliance.
NOTICES
939.6 Pears for byproduct and charitable purposes.
939.7 Reports.
Department of Agriculture:
939.8 Agents.
Division of Marketing and Mar 939.9 Effective time and termination.
a Effective time.
keting Agreements:
b Termination.
Beurre DAnjou, etc., pears c Proceedings after termination.
grown in Oregon, Wash 939.10 Duration of immunities.
939.11 Separability.
ington and California, 939.12 Derogation.
base period for agree 939.13 Liability of Control Committee ment and order________ 3707
members.
939.14 Amendments.
Federal Communications Com 939.15 Effect of termination or amend mission:
ment.

Notice of hearings:
Alamo Broadcasting Co., Inc.
KABC______________
Murray, Roy James new___
Portland Broadcasting Sys tem, Inc. WGAN______
Stuart Broadcasting Corp.
W ROL_____________
Securities and Exchange Commis sion:
Marion-Reserve Power Co., hearing________________

Whereas, under the provisions of Pub lic Act No. 10, 73d Congress May 12, 3707 1935, as amended and as reenacted and 3708 amended by the Agricultural Marketing Agreement Act of 1937 hereinafter re 3708 ferred to as the a c t, it is provided that the Secretary of Agriculture of the 3707 United States hereinafter referred to as the Secretary shall, subject to the
provisions of the act, issue orders regu lating such handling of certain agricul tural commodities as is in the current of interstate or foreign commerce, or such handling as directly burdens, ob structs, or affects interstate or foreign commerce, in such commodities; and Whereas the Secretary, having reason to believe that the issuance of an order would tend to effectuate the declared pol icy of the act with respect to the estab lishment and maintenance of such orderly marketing conditions for the Beurre DAnjou, Beurre Bose, Winter Nelis, Doyenne du Comice, Beurre Easter, and Beurre Clairgeau varieties of pears grown in the States of Oregon, Washing ton, and California as would establish prices to the producers of such varieties of pears at a level that would give such varieties of pears a purchasing power with respect to articles that the pro ducers thereof buy equivalent to the pur chasing power of such varieties of pears during the base period August 1920-July 1929, conducted public hearings at Sacra mento, California, on May 26, 1939; at Medford, Oregon, on May 29, 1939; at Hood River, Oregon, on May 31, 1939;
and at Yakima, Washington, on June 1, 1939, pursuant to due notice1 given to all interested parties on May 9, 1939, on a proposed order regulating such han dling of such varieties of pears as is in the current of interstate or foreign com merce, or such handling as directly bur dens, obstructs, or affects such commerce in such varieties of pears, at which hear ings all interested persons in attendance were afforded due opportunity to be heard concerning the proposed order;
and Whereas the Secretary has found and proclaimed2 th at the purchasing power of the Beurre DAnjou, Beurre Bose, Winter Nelis, Doyenne du Cornice, Beurre Easter, and Beurre Clairgeau varieties of pears grown in the States of Oregon, Washington, and California during the period August 1909-July 1914
cannot be satisfactorily determined from available statistics of the Department of Agriculture, but that the purchasing power of such varieties of pears can be satisfactorily determined from available statistics of the Department of Agricul ture for the period August 1920-July 1929, and that the period August 1920July 1929 is the base period to be used in connection with this order in deter mining the purchasing power of such varieties of pears; and -Whereas the Secretary finds, upon the basis of the evidence introduced at the hearing and the record thereof:
1 That at the time of the hearing the prices received by the producers of the Beurre DAnjou, Beurre Bose, Win ter Nelis, Doyenne du Comice, Beurre Easter, and Beurre Clairgeau varieties
Sections 939.1 through 939.15 issued under the authority contained in 48 Stat. 31 1933, 3708 7 U. S. C. 601 et seq. 1934; 49 Stat. 750
1935; 50 Stat. 246 1937, 7 U. S. C. 601 et I
seq. Supp.IV, 1938.

14 F.R. 1987 DI.
2See page 3707.