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Saturday, M a r c h 3, 1956

FEDERAL REGISTER

tive time; and good cause exists for with the issuance of the aforesaid order;
making the provisions hereof effective as and all of said previous findings and de hereinafter set forth. The Navel Orange terminations are hereby ratified and Administrative Committee held an open affirmed, except insofar as such findings meeting on March 1, 1956, after giv and determinations may be in conflict ing due notice thereof, to consider supply with the findings and determinations and market conditions for navel oranges set forth herein.
a Findings upon the basis of the and the need for regulation; interested persons were afforded an opportunity to hearing record. Pursuant to the provi submit information and views at this sions of the Agricultural Marketing meeting; the recommendation and sup Agreement Act of 1937, as amended 7
porting information for regulation dur U. S. C. 601 et seq., and the applicable ing the period specified herein was rules of practice and procedure, as promptly submitted to the Department amended, governing the formulation of after such meeting was held; the provi marketing agreements and marketing sions of this section, including its effec orders 7 CFR Part 900, a public hear tive time, are identical with the aforesaid ing was held upon certain proposed recommendation of the committee, and amendments to the tentative marketing information concerning such provisions agreement and to the order regulating and effective time has been disseminated the handling of milk in the Upstate among handlers o f such navel oranges; Michigan marketing area. Upon the it is necessary, in order to effectuate the basis of the evidence introduced at such declared policy of the act, to make this hearing and the record thereof, it is section effective during the period herein found that:
1 The order as hereby amended, and specified; and compliance with this sec tion will not require any special prepara all of the terms and conditions thereof, tion on the part of persons subject will tend to effectuate the declared policy thereto which cannot be completed on or of the act;
before the effective date hereof.
2 The parity prices of milk as deter b Order. 1 The quantity of navelmined pursuant to section 2 of the act oranges grown in Arizona and desig are not reasonable in view of the price nated part of California which may be of feeds, available supplies of feeds and handled during the period beginning at other economic conditions which affect 12:01 a. m., P. s. t., March 4, 1956, and market supply and demand for milk in ending at 12:01 a. m., P. s. t., March 11, the said marketing area, and the mini mum prices specified in the order as 1956, is hereby fixed as follows:
hereby amended, are such prices as will 1 District 1: 369,600 cartons;
reflect the aforesaid factors, insure a ii District 2: 693,000 cartons;
iii District 3: Unlimited movement; sufficient quantity of pure and whole iv District 4: Unlimited movement. some milk and be in the public interest;
2 Navel oranges handled pursuant and to the provisions of this section shall be 3 The said order, as hereby subject to any size restrictions applicable amended, regulates the handling of milk thereto which have heretofore been in the same manner as and is applicable issued on the handling o f such oranges only to persons in the respective classes and which are effective during the period o f industrial and commercial activity specified herein.
specified in a marketing agreement upon 3 As used in this section, handled, which a hearing has been held.
4 It is hereby found that the neces District 1, District 2, District 3, and District 4 have the same meaning sary expenses of the market adminis as when used in said amended marketing trator for the maintenance and functionagreement and order; and carton ing o f such agency will require the means the standard one-half orange, payment by each handler, as his pro rata grapefruit, or lemon box set forth as share of such expense 5 cents per hun standard container number 58 in section dredweight, or such amount not exceed 828.83, as amended, of the Agricultural ing 5 cents per htmdredweight as the Code of California.
Secretary may prescribe, with respect to Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. a all receipts within the month of milk 608c from producers, including milk of such handlers own production, b associated Dated: March 2, 1956.
producer milk, and c any other source milk allocated to Class I.
seal S. r . S m it h , b Additional findings. I t is hereby Director, Fruit and Vegetable found and determined that good cause Division, Agricultural M ar exists for making this amendatory order keting Service.
F. R. Doc. 56-1718; Piled, Mar. 2, 1956; effective on and after March 1, 1956.
Such action is necessary in the public 11:18 a. m.
interest in order to reflect current mar keting conditions and to facilitate the orderly marketing of milk produced for Part 916 M il k i n U pstate M ichigan the Upstate Michigan marketing area.
Accordingly, any further delay in the M arketing A rea effective date of this order will seriously order amending the order regulating threaten the orderly marketing of milk the handling op m il k i n the upstate in the marketing area. The provisions Michigan marketing area o f this amendatory order are well known tv!
Findings and determinations. to handlers and producers, the public ii findings and determinations here hearing having been convened on Jan in forto are supplementary and uary 19, 1956; a recommended decision .. dltl0n to the findings and determiin this proceeding, to which interested Ions previously made in connection parties were given an opportunity to file
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written exceptions, was filed on February 7, 1956; and a final decision was issued on February 28, 1956.
Reasonable time under the circum stances has been afforded persons a f fected to prepare for its effective date.
Therefore, it would be contrary to the public interest to delay the effective date o f this amendment for 30 days after its publication in the F ederal R egister .
See section 4 c Administrative Pro cedure Act, Public Law 404, 79th Con gress, 60 Stat. 237.
c Determinations. I t is hereby de termined that handlers excluding coop erative associations of producers who are not engaged in processing, distributing or shipping milk covered by this order amending the order of more than 50
percent o f the volume of the milk covered by this order amending the order which is marketed within the said marketing area, refused or failed to sign the pro posed marketing agreement regulating the handling of milk in the said market ing area, and it is hereby further de termined that:
1 The refusal or failure o f such handlers to sign said marketing agree ment tends to prevent the effectuation of the declared policy of the act;
2 The issuance of this order amend ing the order is the only practical means, pursuant to the declared policy of the act, of advancing the interests o f pro ducers of milk which is produced for sale in the said marketing area; and 3 The issuance of this order amend ing the order is approved or favored by at least two-thirds of the producers, who during the determined representative period December 1956, were engaged in the production of milk fo r sale in the said marketing area.
Order relative to handling. I t is therefore ordered, that on and after the effective date hereof, the handling of milk in the Upstate Michigan marketing area shall be in conformity to and in compliance with the terms and condi tions of the aforesaid order, as hereby amended, as set forth below:
1. In 916.8 following the words, di verted from such plant for the account of a , insert the words: handler or for the account of a .
2. Add a 916.14 as follows:
916.14 Associated producer. Asso ciated producer means a person who, with respect to any milk not accepted at or accounted for by a handler at a fluid milk plant in any month, meets all of the following qualifications:
a Produces milk in conformity with the sanitation requirements of any duly constituted health authority relating to milk for consumption in the area in the form of a fluid milk product;
b Delivered milk during the pre ceding November which milk was re ceived at or diverted from a fluid milk plant; and c Certifies in writing to the market a dm in istra to r, on or before the first day of any month following the first month in which any of his milk is not accepted at or accounted for by a handler at a fluid milk plant, that he is ready and willing to deliver his milk to such fluid milk plant, and does so perform in response