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Friday, July 1,1949

FEDERAL REGISTER

tion areas, as are necessary to give due Issued at Washington, D. ., this 28th recognition to the differences in produc day of June 1949, to be effective on and tion and marketing of lemons grown in after August 24, 1949.
the States of California and Arizona;
48 Stat. 31, as amended; 7 U. S. C. and and Sup. I 601 et seq.
4 The said order, as amended and seal Charles P. B rannan , as hereby further amended, is limited Secretary of Agriculture.
in its application to the smallest re gional production area that is prac F . R . Doc. 49-8315; F iled, June 30, 1949;
ticable, consistent with carrying out the 8:55 a. m .
declared policy of the act, and the is suance of several orders applicable to any subdivision of such regional pro duction area would not effectively carry P art 961 M il k in P hiladelphia , P a., out the declared policy of the act.
M arketing A rea
b Determinations. It is hereby de termined that:
order suspending certain provisions 1 The agreement amending the marketing agreement, as amended, reg Pursuant to notice published in the ulating the handling of lemons grown F ederal R egister 14 F. R. 2952, con in the States of California and Arizona, sideration has been given to the suspen upon which the aforesaid hearing was sion of each of the provisions of 961.4
also held, has been executed by handlers a 1 of the order, as amended, regu excluding cooperative associations of lating the handling of milk in the Phila producers who are not engaged in pro delphia, Pennsylvania, marketing area, ducing, distributing, or shipping lemons hereinafter referred to as the order, covered by said order, as amended and excepting the provision Class I milk as hereby further amended who, during the price shall be at least $5.50 per the period November 1, 1947, to October hundredweight.
31, 1948, handled not less than 80 per Pursuant to the applicable provisions cent of the volume of lemons covered by of the Agricultural Marketing Agreement the said order, as amended and as here Act of 1937, as amended 7 U. S. C., 601
by further amended ;
et seq., hereinafter referred to as the 2 The issuance of this order, amend act, and to the order, and after having ing the aforesaid order as amended, is considered all relevant information, in cluding the written data, views, and favored and approved by producers who, during the determined representative arguments which were filed with the Hearing Clerk pursuant to the notice period November 1, 1947, to October 31, above referred to, 1948, produced for market at least twoIt is hereby found and determined, thirds of the volume of lemons produced that:
for market within the States of Califor a The provisions of 961.4 a 1, nia and Arizona within the said period;
of the order, excepting the provision and Class I milk the price shall be at 3 The issuance of this order, amend least $5.50 per hundredweight, do not ing the aforesaid order as amended, is tend to effectuate the declared policy of favored and approved by at least threethe act with respect to milk received from fourths of the producers who, during the producers during the months of July, aforesaid representative period, were August and September 1949.
engaged, within the States of California b In accordance with the Adminis and Arizona, in the production for mar trative Procedure Act 5 U. S. C., 1001
ket of lemons grown in such States.
et seq., the giving of 30 days prior no I t is therefore ordered, That, on and tice of the effective date hereof is found after the effective date hereof, the han to be impracticable, unnecessary, and dling of lemons grown in the States of contrary to the public interest in that California and Arizona shall be in con it is necessary to make effective not later formity to, and in compliance with, the than July 1, 1949 this suspension order terms and conditions of the aforesaid to reflect current marketing conditions, amended order as hereby amended; and to facilitate, promote and maintain the such order is hereby amended as fo l orderly marketing of milk produced for lows:
1.
Delete paragraph m of 953.4 of the Philadelphia, Pennsylvania, milk marketing area, and to insure the pro the amended order and substitute there duction of an adequate supply of milk for the following:
for that market for future months. No m Districts. 1 District 1 shall tice of consideration of this suspension include that part of the State of Cali action was published in the F ederal R eg fornia which is north of a line drawn due ister on June 4, 1949 14 P. R. 2952.
east and west through the Tehachapi The changes effected by this suspen Mountains.
sion do not require substantial or ex 2 District 2 shall include that part tensive preparations by the persons a f of the State of California which is south fected prior to the. effective date. The of a line drawn due east and west time intervening between the date of is through the Tehachapi Mountains, but suance of this suspension and its effec shall exclude Imperial County, Cali tive date affords the persons affected a fornia, vfind that part of Riverside reasonable time to prepare for its ef County, California, situated south and fective date.
east of the San Gorgonio Pass.
I t is therefore ordered, That, the pro 3 "District 3 shall include the State visions of 961.4 a 1 of the order, of Arizona and that part of the State of excepting the provision Class I milk California not included in District 1 and the price shall be at least $5.50 per District 2.
hundredweight, be and hereby are sus
3613
pended for the period July 1, 1949
through September 30, 1949.
48 Stat. 31, 670, 675, 49 Stat. 750, 50
Stat. 246; 7 U. S. C., 1946 ed., 601 et seq.
_ Issued at Washington, D. C., this 28th day of June 1949.
seal
C harles P. B rannan ,
Secretary of Agriculture.
F . R . Doc. 49-5273; F iled , J u n e 80, 1949;
8:46 a. m.J

P art 962 F resh P eaches G rown G eorgia
in
determination relative to budget of EXPENSES AND FIXING OF RATE OF ASSESS
M ENT FOR 1949-50 FISCAL PERIOD

Notice was published in the June 3, 1949, daily issue of F ederal R egister 14
F. R. 2920 that consideration was being given to proposals regarding the budget of expenses and the fixing of the rate of assessment for the 1949-50 fiscal period under the marketing agreement and Order No. 62 7 CFR Part 962 reg ulating the handling of fresh peaches grown in the State of Georgia, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended. After considera tion of all relevant matters presented, including the proposals set forth in such notice which were submitted by the In
dustry Committee established pursuant to said marketing agreement and order, it is hereby found and determined that:
962.203 Budget of expenses and rate of assessment for the 1949-50 fiscal period a Budget of expenses. The expenses necessary to be incurred by the Industry Committee, established pur suant to the provisions of the aforesaid marketing agreement and order, to en able such committee to perform its func tions, in accordance with the provisions thereof, during the fiscal period begin ning March 1, 1949, will amount to $12,950.00.
b Rate of assessment. The rate of assessment, which each handler who first handles peaches shall pay as his pro rata share of the aforesaid expenses in ac cordance with the applicable provisions of said marketing agreement and order, is hereby fixed at two cents $0.02 per bushel basket of peaches net weight 50
pounds, or its equivalent of peaches in other containers or in bulk.
It is hereby further found that it is impracticable and contrary to the public interest to postpone the effective time hereof, until 30 days after publication in the F ederal R egister 60 Stat. 237; 5
U. S. C. 1001 et seq. in that 1 ship ments of peaches from Georgia are now being made and the mandatory matu rity regulation and inspection require ment contained in the aforesaid market ing agreement and order are in effect;
2 the rate of assessment is applicable to all fresh peaches shipped during the 1949-50 fiscal period; 3 a large volume of the Georgia peach crop is handled by itinerant truckers and cash buyers who operate in the area only part of the season; and 4 in order for the regula tory assessment to be collected, espe-