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FEDERAL REGISTER, Wednesday, April 9, 1941

FEDEM L$REGISTER
l3

Published dally, except Sundays, Mondays, an d days follow in g legal h olid ays b y th e D iv ision o f th e Federal R egister, T h e N ational Archives, p u rsu a n t to th e au th ority co n
tain ed in th e Federal R egister Act, approved J u ly 26, 1935 49 S ta t. 500, u nder regula tio n s prescribed by th e A dm inistrative Com m ittee, approved b y th e President, T h e A dm inistrative C om m ittee co n sists of th e A rchivist or A cting Archivist, a n officer o f th e D ep artm ent o f Ju stice designated by th e A ttorney G eneral, and th e P ub lic P rinter or A cting P ub lic Printer.
T h e daily issu e o f th e F ederal R egister w ill be fu rn ish ed by m ail t o subscribers, free o f postage, for $1.25 per m o n th or $12.50 per year; sin g le copies 10 cen ts each; payable in advance. R em it m oney order payable to th e S u p erin ten d en t o f D ocu m en ts directly t o th e G overnm ent P rin tin g Office, W ashington, D . C.

CONTENTSContinued Department of the InteriorCon.
Bituminous Coal DivisionCon.
Hearings postponedCon.
Moore, B. D. 2 docu ments ______________
Nation, John.;____________
Penrod, O. C_____________
Scalf, Emory_____________
Smith, Hiram N__________
Smith, W. R_____ _______
Swentner, W olf__________
Rush Run Coal Co., memo randum opinion, etc____
Department of Labor:
Wage and Hour Division:
Resignations and appoint ments, industry commit tees:
Single pants, shirts, and al lied garments industryPuerto Rico_______ _____
Federal Communications Commis sion:
Hearings:
Cumberland Broadcasting Co.
2 documents_________
Drohlich, Albert S. and Rob ert A. KDRO_________
Hopkins, James F__________
WDAS Broadcasting Station, In c ___________________
Federal Power Commission:
Utah Power & Light Co., hear ing, etc_________________
War Department:
Contract summaries:
Borg-Warner Corp. Ingersoll Steel & Disc Divi sion __________________
Diamond T Motor Car Co___
National Malleable and Steel Castings Co____________
Reeves Brothers, Inc________
Stevens, J. P., & Co., Inc_____
Yellow Truck & Coach Mfg.
C o___________________
Yugoslavia, restrictions on prop erty transactions, amend ment___________________

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to articles that the producers thereof buy equivalent to the purchasing power of such lemons during the base period, August 1919-July 1929, conducted a pub lic hearing at Los Angeles, California, on October 21, 1940, pursuant to due notice given to all interested parties on October 3, 1940, on a proposed order regulating such handling of such lemons as is in the current of interstate or foreign com merce, or which directly burdens, ob structs, or affects such commerce in such lemons, at which hearing all interested persons in attendance were afforded due opportunity to be heard concerning the proposed order.
In accordance with the provisions of the act, it has been found and pro claimed that the purchasing power of lemons grown in the States of California and Arizona 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 lemons can be satisfactorily determined from avail able statistics of the Department of Agriculture for the period August 1919July 1929, and that the period August 1919-July 1929 is the base period to be used in connection with this order in determining the purchasing power of such lemons.
Upon the basis of the evidence intro duced at the hearing and the record thereof, it is hereby found:
1 That the terms and provisions of this order prescribe, so far as practicable, such different terms, applicable to dif ferent production areas, as are necessary to give due recognition to the differences in production and marketing of such lemons;
2 That this order is limited in its application to the smallest regional pro duction area that is practicable, con sistently with carrying out the declared policy of the act, and that the issuance of several orders applicable to any sub division of such regional production area would not effectively carry out the de clared policy of the act; and 3 That this order and all the terms and conditions thereof will tend to effec tuate the declared policy of the act with respect to lemons grown in the States of California and Arizona by establish ing and maintaining such orderly marketing conditions therefor as will establish prices to the producers thereof at a level that will give such lemons a purchasing power with respect-to articles that the producers thereof buy equiva lent to the purchasing power of such lemons in the base period, and by pro tecting the interest of the consumer by a approaching the level of prices which it is declared in the act to be the policy of Congress to establish by a gradual correction of the current level of prices at as rapid a rate as the Secretary deems to be in the public interest and feasible in view of the current consumptive de mand in domestic and foreign markets, and by b authorizing no action which
has for its purpose the maintenance of prices to producers of such lemons above the level which it is declared in the act to be the policy of Congress to establish.
It is further found:
1 That a marketing agreement reg ulating the handling of lemons grown in the States of California and Arizona, ex ecuted on the 5th day of April 1941, upon which a hearing was held on October 21, 1940, was signed by handlers excluding cooperative associations of producers who were not engaged in processing, dis tributing, or shipping the lemons cov ered by this order who, during the period November 1, 1939-October 31, 1940, handled not less than eighty 80
percent of the volume of such lemons covered by this order;
2 That this order regulates the han dling of such lemons in the same manner as the aforesaid marketing agreement, and that it is made applicable only to persons in the respective classes of in dustrial and commercial activity speci fied in the said marketing agreement;
3 That the issuance of this order is favored by producers who, during the period of November 1, 1939, to October 31, 1940, both dates inclusive which is hereby determined to be a representative period, produced for market within the States of California and Arizona at least two-thirds % of the volume of lemons produced for market within such pro duction area within the said period; and 4 That the issuance of this order is favored by three-fourths % of the pro ducers who, during the aforesaid repre sentative period of November 1, 1939, to October 31, 1940, have been engaged, within the States of California and Ari zona, in the production for market of lemons.
It is, therefore, ordered, That such handling of lemons grown in the States of California and Arizona as is in the current of commerce between the State of California and any point outside thereof in the United States or in Can ada, or between the State of Arizona and any point outside thereof in the United States or in Canada, from and after the date hereinafter specified, shall be in conformity to and in compliance with the terms and conditions of this order.
953.1 Definitions. As used herein, the following terms have the following meanings :
a Secretary means the Secretary of Agriculture of the United States of America.
b Act means Public Act No. 10, 73d Congress May 12,1933, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937 50 Stat. 246 1937, 7 U.S.C. sec. 601
et seq., Supp. V, 1939, as amended.
c Person means an individual, partnership, corporation, association, le gal representative, or any organized group of individuals.