Federal Register - October 5, 1939
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Source: Federal Register
FEDERAL REGISTER, Thursday, October 5, 1939
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3 y Published by th e D ivision o i th e Federal Register, The N ational Archives, pursuant to th e authority contained in th e Federal Register Act, approved July 26, 1935 49
Stat. L. 500, under regulations prescribed by th e Administrative Committee, w ith th e approval of th e President.
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CONTENTSContinued Federal Trade Commission:
Sauer, C. F Co., amended com plaint and notice of hear ing __________
Securities and Exchange Com mission:
Minneapolis General Electric Co., and subsidiaries, appli cations granted, etc--------Peoples Light and Power Co., application approved--------
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vious findings, made in connection with the issuance of said original order and in connection with the issuance of each of the amendments thereto, are hereby ratified and affirmed except insofar as such findings may be in .conflict with the findings herein set forth; and Whereas, the Secretary further finds:
1 th at the amendment to the m ar keting agreement, as amended, regulat ing the handling of walnuts grown in California, Oregon, and Washington, ex ecuted by the Secretary on October 3, 1939, and upon which a hearing was held in San Francisco, California, on September 6, 1939, was signed by han dlers excluding cooperative associations of producers who were not engaged in processing, distributing, or shipping the aforesaid walnuts or products thereof who, during the 1938-39 crop year, han dled not less than fifty 50 percent of the volume of such walnuts covered by this order, produced within the produc tion area defined in said order, as amended;
2 that the order, as heretofore amended and as hereby amended, regu lates the handling of such walnuts in
the same manner as the marketing agreement, as amended, does, and th at this order is made applicable only to persons in the respective classes of in dustrial and commercial activities speci fied in the aforesaid marketing agree ment, as amended;
3 that the issuance of this order, a m e n d i n g the aforesaid order, as amended, is favored by producers of wal nuts who, during the 1938-39 crop year which the Secretary hereby determines to be a representative period produced for market, within the production area specified in said order, as amended, at least two-thirds of the volume of such commodity produced for market within such production area;
4 that the issuance of this order, amending the aforesaid order, as amended, is favored and approved by at least two-thirds of the producers who, during the 1938-39 crop year which the Secretary hereby determines to be a rep resentative period, were engaged, in the production area specified in said order, as amended, in the production for market of walnuts:
Now, therefore, it is hereby ordered, pursuant to the provisions of the afore said act, th at said order, as amended, is hereby further amended in the respects stated hereinafter, and it is further or dered that the handling of walnuts grown in California, Oregon, and Wash ington, in the current of interstate or foreign commerce, or so as directly to burden, obstruct, or affct interstate or foreign commerce in such wal nuts, from and after the date here inafter specified, shall be in conformity to and in compliance with the terms and conditions of the aforesaid order, as amended, as hereby further amended in the following respects:
1. By deleting the period at the end of the first sentence in section 2, article r n Sec. 901.4b of the aforesaid order, as amended, and inserting, in lieu thereof, a semicolon and the following:
and the salable percentage for the crop year September 1, 1939, to August 31, 1940, shall be sixty 60 percent.
2. By deleting the period a t the end of the next to the last sentence in sec tion 2, article m Sec. 901.4 b of the aforesaid order, as amended, and insert ing, in lieu thereof, a semicolon and the following:
and forty 40 percent, being the dif ference between the salable percentage for the crop year ending August 31,1940, and one hundred 100 percent, shall be the surplus percentage for said crop year.
3. By deleting all of the provisions contained in Exhibit A Sec. 901.19
of the aforesaid order, as amended, and inserting, in lieu thereof, the following as Exhibit A to said order, as amended:
pack
specificatio ns for merchantable
WALNUTS
California Packs No. 1 Grade or No. 1 Soft Shell.
Walnuts produced from seedling trees and/or walnuts not properly classified in any of the following varietal packs, and in which not over 12 percent by count pass through a round opening 7%4 inches in diameter.
Large Budded. Walnuts produced from trees of the Placentia Perfection and/or closely similar varieties, and in which not over 12 percent by count pass through a round opening 7%4 inches in diameter.
Medium Budded. Walnuts produced from trees of the Placentia Perfection and/or closely similar varieties, and all of which pass through a round open ing 7%4 inches in diameter and in which not over 12 percent by count can pass through a round opening 7%4 inches in diameter.
Large Concords. Walnuts of the Concord variety and of the same size specifications as given for Large Budded.
Medium Concords. Walnuts of the Concord variety and of the same size specifications as given for M e d i u m Budded.
Large Eurekas. Walnuts of the Eu reka variety and of the same size specifi cations as given for Large Budded.
Medium Eurekas. Walnuts of the Eu reka variety and of the same size speci fications as given for Medium Budded.
Large Franquettes. Walnuts of the Franquette variety and of the same size specifications as given for Large Budded.
Medium Franquettes. Walnuts of the Franquette variety and of the same size specifications as given for Medium Budded.
Large Mayettes. Walnuts of the Mayette variety and of the same size specifications as given for Large Budded.
Medium Mayettes. Walnuts of the Mayette variety and of the same size specifications as given for M e d i u m Budded.
Large Paynes. Walnuts of the Payne variety and of the same size specifica tions as given for Large Budded.
Medium Paynes. Walnuts of the Payne variety and of the same size spe cifications as given for Medium Budded.
Baby Grade. Walnuts of any of the above-mentioned v a r i e t i e s may be packed under the designation of Baby Grade of th at variety provided all such walnuts pass through a round opening 7%4 inches in diameter and not over 12
percent by count pass through a round opening G%4 inches in diameter. Baby size walnuts of the Eureka, Franquette, or Payne varieties when packed as such shall be designated as Long Type Baby Walnuts: Provided, hoivever, That it shall not be obligatory on any packer to pack separately the baby size of the different varieties.