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F E D E R A L R E G IS T E R , T h u r s d a y , A u g u s t 7, 1941

3936

FEEM LREG ISTER
1934yV

Published daily, except Sundays, Mondays, and days following legal holidays by the Division of the Federal Register, The National Archives, pursuant to the authority con tained in the Federal Register Act, approved July 26, 1935 49 Stat. 500, under regula tions prescribed by the Administrative Com mittee, approved by the President.
The Administrative Committee consists of the Archivist or Acting Archivist, an officer of the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public Printer.
The daily issue of the F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.25 per month or $12.50 per year; single copies 10 cents each; payable in advance. Remit money order payable to the Superintendent of Documents directly to the Government Printing Office, Washington, D. C.

CONTENTS Continued T itle 32 N ational D efense Con.

Selective Service System Con.
Regulations amended:
Examining physicians_____
Records to be kept confi dential ________________

Page 3947
3947

NOTICES
Civil Aeronautics Board:
Pan American Airways, Inc., et al., amended notice of h e a rin g ____________________ 3955
Department of Agriculture:
Surplus Marketing Administra tion:
Fort Wayne, Ind., marketing area, handling of milk___ 3954
Department of the Interior:
Bituminous Coal Division:
District Board No. 18, petition d en ie d ___________________ 3951
Hearings, etc.:
Davey, A. I., Sr_____________ 3953
National Coal Co., Inc. 2
documents____________ 3952
Saxton Coal Co___ .________ 3953
Department of Labor:
W age and Hour Division:
Learner employment certifi cates, issuance for various industries 2 documents _ 3954, 3955
Federal Trade Commission:
Brach, E. J. & Sons, complaint and notice of hearing______ 3956
W ar Department:
Alaska, induction of National Guard unit________________
3951
Contract summaries:
Bates & Rogers Construction Corp_____________________ 3950
Giddings & Lewis Machine Tool Co__________________ 3948
Giffels & Vallet, Inc__________ 3950
International Harvester Co__ 3950
Mesta Machine Co___________ 3951

prescribed by these regulations shall be taken to be in excess of the farm mar keting quota, and the amount of the pen alty to be collected thereon by the buyer or transferee shall be 7 cents per pound.
The rate of the penalty applicable to any amount of unmarketed cotton at the end of the 1940-1941 marketing year which, if marketed during the 1938-1939
marketing year, would have been subject to the penalty of 2 cents per pound in that year and likewise would have been subject to the penalty of 2 cents per pound if marketed during the 1939-1940
or 1940-1941 marketing year shall be 2
cents per pound and such unmarketed cotton shall be subject to the provisions of Sec. 722.319 d . The rate of penalty applicable to any amount of unmarketed cotton at the end of the 1940-1941 mar keting year which, if marketed during the 1939-1940 or 1940-1941 marketing year, would have been subject to the pen alty of 3 cents per pound in those years shall be 3 cents per pound and such unmarketed cotton shall be subject to the provisions of Sec. 722.319 d . The expressions the penalty and the pen alty provided in section 348 of the Act, wherever used or defined in these regu lations, shall mean the penalty provided for in section 348 o f the Act and para graph 9 of Public Law 74, 77th Con gress, approved May 26, 1941. Secs.
348 and 372, 52 Stat. 59 and 65 and para graph 9 of Public Law 74, 77th Cong., approved M ay 26, 1941.
Done at Washington, D. C this 5th day of August 1941. Witness my hand and the seal of the Department of A gri culture.
seal !

C laude R. W ickard ,
Secretary of Agriculture.
F. R. Doc. 41-5740; Filed, August 5, 1941;
3:12 p. m.j
C H A PTE R I X SURPLUS M A R K E T IN G
A D M IN IS T R A T IO N

Order No. 32

P art 932 M il k i n the F ort W a y n e , I ndiana , M arketing A rea ORDER, AS AMENDED, REGULATING THE H A N
D LIN G

OF

M IL K

IN

THE

FORT

WAYNE,
IND IANA, MARKETING AREA 1

Sec.
932.0
932.1
932.2
932.3
932.4
932.5
932.6
932.7
932.8
932.9
932.10

Findings.
Definitions.
Market administrator.
Classification of milk.
Minimum class prices.
Reports of handlers.
Application of provisions.
Determination of uniform price to producers.
Payments for milk.
Marketing services.
Amendment, suspension, or termina tion of order, as amended.

Harry L. Brown, Acting Secretary of Agriculture of the United States of America, pursuant to the powers con1See Department of Agriculture, Surplus Marketing Administration, infra.

ferred upon the Secretary by Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the A gri cultural Marketing Agreement Act of 1937, issued, effective September 1, 1939, Order No. 32, as amended, regulating the handling of milk in the Fort Wayne, In
diana, marketing area, which order, as amended, was further amended, effective February 15, 1940.
H. A. Wallace, Secretary of Agriculture, tentatively approved, on January 23,1940, a marketing agreement, as amended, regulating the handling of milk in the Fort Wayne, Indiana, marketing area.
There being reason to believe that the execution of amendments to the tenta tively approved marketing agreement, as amended, and to the order, as amended, regulating the handling of milk in the Fort Wayne, Indiana, marketing area would tend to effectuate the declared policy of said act, notice was given, on M ay 12, 1941, of a public hearing which was held in Fort Wayne, Indiana, on M ay 19, 1941, on a proposal to amend said marketing agreement, as amended, and said order, as amended, and at said time and place all interested parties were afforded an opportunity to be heard on the proposal to amend said marketing agreement, as amended, and said order, as amended.
A fter such hearing and after the tenta tive approval, on the 14th day of July 1941, of a marketing agreement, as amended, regulating the handling of milk in the Fort Wayne, Indiana, marketing area, handlers of more than fifty 50
percent of the volume of milk covered by this order, as amended, which is mar keted within the Fort Wayne, Indiana, marketing area, refused or failed to sign such tentatively approved marketing agreement, as amended, relating to milk.
The provisions of section 8c 9 of said act have been complied with.
It is hereby found, upon the evidence introduced at the above-mentioned hear ing, said findings being in addition to the findings made upon the evidence introduced at the original hearings on said order and at hearings on amend ments to said order, and in addition to the other findings made prior to or at the time of the original issuance of said order and of amendments to said order which findings are hereby ratified and affirmed, save only as such findings are in conflict with the findings hereinafter set fo r t h :
932.0 F i n d i n g s , a That the handling of milk which is produced out side of the State of Indiana and sold in the marketing area is in the current of interstate commerce, and that the han dling of milk produced within the State of Indiana which is intermingled with the milk produced outside of the State of Indiana burdens, obstructs, and affects interstate commerce;
b That the prices calculated to give milk handled in the marketing area a purchasing power equivalent to the pur-