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REGISTE
NUMBER 209

V O LU M E 17

O a / i t EO

Washington, Friday, October 24, 1952
TITLE 29 LABOR
Chapter V Wage and Hour Division, Department of Labor P art 526I ndustries op a S easonal N ature DETERMINATION THAT HANDLING, PACKING, STORING, PREPARING IN THEIR RAW OR
NATURAL STATE, FIRST PROCESSING OR
CANNING OF PERISHABLE OR SEASONAL
FRESH FRUITS OR VEGETABLES ARE INDUS
TRIES OF A SEASONAL NATURE

On August 24, 1940 5 P. R. 3167 the Administrator of the Wage and Hour Division issued a determination that the first processing of perishable or sea sonal fresh fruits and vegetables is part of an industry of a seasonal nature within the meaning of section 7 b 3
of the Pair Labor Standards Act. When this determination was issued, it was the position of the Division that the term first processing did not include by product operations. This construction was in accordance with the Divisions interpretation of the term for purposes of the exemption provided for first proc essing fresh fruits and vegetables in section 7 c of the act.
Certain modifications and clarifica tions were made in the Department of Labors interpretation of first process ing as used in section 7 c of the act on August 30, 1952 17 P. R. 7929. As there stated, an employer who com mences first processing operations on a perishable or seasonal fresh fruit or vegetable is, for the purpose of section 7 c, considered engaged in first proc essing throughout each series of opera tions, including by-product operations, which commence with the initial proc essing of fresh fruits or vegetables and are performed in the same place of em ployment as a continuous series of operations during which the commodities remain perishable.
Although the Department has adopted this modified position with regard to the section 7 c exemption it is not the in tention to extend the determination of August 24,1940, referred to above, beyond its original scope. In order to make this intention clear on the face of the deter mination and to avoid any possible mis construction, the determination of August 24, 1940, should be amended to
indicate more clearly the original mean ing of first processing.
In order to accomplish this purpose notice is hereby given that paragraph 5
of the Administrators determination published in the F ederal R egister on August 24,1940 5 F. R. 3167 is amended by adding at the end thereof, the follow ing sentence: As used in this determina tion, the first processing of perishable or seasonal fresh fruits or vegetables in cludes the initial operation which changes the form of the whole fresh fruit or vegetable and all operations on its main portions when performed in a single process as a continuous series of operations throughout which the com modity remains perishable, but does not include by-product operations.
In view of the fact that this amend ment is intended only to clarify the ap plication of the determination referred to above it has been concluded that the public procedure and notice require ments of section 4 of the Administrative Procedure Act need not be complied with.
Accordingly, this amendment will be come effective upon publication in the F ederal R egister.
52 stat: 1060; 29 U. S. C. 201-219

Signed at Washington, D. C., this 17th day of October 1952.
W m.R . M cC omb, Administrator, Wage and Hour and Public Contracts Divi sions.
IF. R. Doc. 5211493; Filed, Oct. 23, 1952;
8:48 a. m.

TITLE 7 AGRICULTURE
Chapter VIII Production and Market ing Administration Sugar Branch, Department of Agriculture Subchapter B Sugar Requirements and Quotas
Sugar Reg. 811, Rev. 1
P art 811S ugar R equirements, Continental U nited S tates REQUIREMENTS FOR 1952

Basis and purpose. The revised de termination set forth below is made pur suant to section 201 of the Sugar Act of 1948. The act requires that the Secre Continued on next page
CONTENTS
Agriculture Department Pa8e See Production and Marketing Ad ministration.
Civil Aeronautics Board Proposed rule making:
Airworthiness regulations; 1952
annual review_____________ 9633
Commerce Department See National Production Author ity.
Economic Stabilization Agency See Price Stabilization, Office of;
Salary Stabilization Board.
Federal Power Commission Notices:
Duke Power Co.; notice of ap plication ______ ___________ 9649
Interior Department See Land Management, Bureau of.
Interstate Commerce Commis sion
Notices:
Applications for relief :
Asphalt to Illinois and west ern trunk line territories_ 9649
Crude petroleum oil from Watford City, N. Dak., to Sheboygan, Wis__________ 9648
Logs from Virginia to High Point and Thomasville, N. C_________
9648
Phosphate rock from points in Tennessee to Tulsa, Okla____________________ 9649
Labor Department See Wage and Hour Division.
Land Management, Bureau of Notices :
Regional and Acting Regional Administrators and Chief and Regional Chiefs, Division of Administration; delegation of authority to transfer, donate, or dispose of excess or surplus real property______________ 9647
National Production Authority Rules and regulations:
Iron and steel; lead time change M -l____________________ 9627
9615