94-420. Milk in the Southwest Plains Marketing Area; Suspension of Certain Provisions of the Order  

  • [Federal Register Volume 59, Number 6 (Monday, January 10, 1994)]
    [Rules and Regulations]
    [Pages 1273-1274]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-420]
    
    
    [[Page Unknown]]
    
    [Federal Register: January 10, 1994]
    
    
    -----------------------------------------------------------------------
    
    
    DEPARTMENT OF AGRICULTURE
    7 CFR Part 1106
    
    [DA-94-03]
    
     
    
    Milk in the Southwest Plains Marketing Area; Suspension of 
    Certain Provisions of the Order
    
    AGENCY: Agricultural Marketing Service, USDA.
    
    ACTION: Suspension of rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This document suspends indefinitely certain portions of a 
    provision of the Southwest Plains Federal milk marketing order (Order 
    106), beginning on the date this document is published in the Federal 
    Register. The suspension will allow transfers of Class I fluid milk 
    products from a distributing plant to other plants regulated under 
    Order 106 to be counted as part of the distributing plant's route sales 
    for the purpose of determining the plant's pool status under the order. 
    The suspension was requested by Associated Milk Producers, Inc. (AMPI), 
    and Mid-America Dairymen, Inc. (Mid-America), who stated that it was 
    necessary to restore equity among producers supplying handlers 
    regulated under Order 106.
    
    EFFECTIVE DATE: January 10, 1994.
    
    FOR FURTHER INFORMATION CONTACT: Nicholas Memoli, Marketing Specialist, 
    USDA/AMS/Dairy Division, Order Formulation Branch, room 2971, South 
    Building, P.O. Box 96456, Washington, DC 20090-6456, (202) 690-1932.
    
    SUPPLEMENTARY INFORMATION: Prior document in this proceeding: Notice of 
    Proposed Suspension: Issued November 23, 1993; published November 30, 
    1993 (58 FR 63120).
        The Regulatory Flexibility Act (5 U.S.C. 601-612) requires the 
    Agency to examine the impact of a proposed rule on small entities. 
    Pursuant to 5 U.S.C. 605(b), the Administrator of the Agricultural 
    Marketing Service has certified that this final rule would not have a 
    significant economic impact on a substantial number of small entities. 
    This suspension will lessen the opportunity for disorderly marketing 
    conditions and will tend to ensure that dairy farmers continue to have 
    their milk priced under the order and thereby receive the benefits that 
    accrue from such pricing.
        The Department is issuing this rule in conformance with Executive 
    Order 12866.
        This final rule has been reviewed under Executive Order 12778, 
    Civil Justice Reform. This rule is not intended to have a retroactive 
    effect. This rule will not preempt any state or local laws, 
    regulations, or policies, unless they present an irreconcilable 
    conflict with the rule.
        The Agricultural Marketing Agreement Act of 1937, as amended (7 
    U.S.C. 601-674), provides that administrative proceedings must be 
    exhausted before parties may file suit in court. Under section 
    608c(15)(A) of the Act, any handler subject to an order may file with 
    the Secretary a petition stating that the order, any provisions of the 
    order, or any obligation imposed in connection with the order is not in 
    accordance with law and request a modification of an order or to be 
    exempted from the order. A handler is afforded the opportunity for a 
    hearing on the petition. After a hearing, the Secretary would rule on 
    the petition. The Act provides that the district court of the United 
    States in any district in which the handler is an inhabitant, or has 
    its principal place of business, has jurisdiction in equity to review 
    the Secretary's ruling on the petition, provided a bill in equity is 
    filed not later than 20 days after the date of the entry of the ruling.
        This order of suspension is issued pursuant to the provisions of 
    the Agricultural Marketing Agreement Act and the rules of practice and 
    procedure governing the formulation of marketing agreements and 
    marketing orders (7 CFR part 900).
        Notice of proposed rulemaking was published in the Federal Register 
    on November 30, 1993 (58 FR 63120), concerning the proposed suspension 
    of certain words from the route disposition definition of Order 106. 
    The public was afforded the opportunity to comment on the notice by 
    submitting written data, views, and arguments by December 7, 1993. One 
    comment letter was received.
        After consideration of all relevant material, including the 
    proposal in the notice and other available information, it is hereby 
    found and determined that the following provision of the order 
    regulating the handling of milk in the Southwest Plains marketing area 
    will not tend to effectuate the declared policy of the Act for an 
    indefinite period commencing with the publication of this document in 
    the Federal Register:
        In Sec. 1106.3, the parenthetical phrase ``(except to a plant)''.
    
    Statement of Consideration
    
        This document will suspend certain words from the route disposition 
    definition of the order. The effect of this change will be to include 
    transfers of fluid milk products to other plants regulated under Order 
    106 in determining if the transferor plant meets the pool qualification 
    requirements specified in Sec. 1106.7(a) of the order.
        According to Mid-America and AMPI, two cooperative associations 
    representing a substantial number of producers whose milk is pooled 
    under Order 106, a Tulsa, Oklahoma, handler receiving milk from non-
    member producers is also supplied supplemental milk from cooperative 
    associations that pool milk on the Southwest Plains milk order. The 
    proponents argued that as a result of excluding transfers of fluid milk 
    products to other plants regulated under Order 106, the handler has 
    been a partially regulated plant in recent months and could be again in 
    the future. Mid-America and AMPI explained that, since the handler's 
    Class I utilization is higher than the market's average, the handler 
    has been able to pay its non-member producers a price in excess of the 
    order's blend price. In addition to the inequity resulting from this 
    price disparity, AMPI, during the month of September, was required to 
    depool milk that it had diverted from the Tulsa plant because the plant 
    otherwise would have failed to qualify as a pool plant during the month 
    of September. This resulted in additional financial loss to the 
    cooperative.
        A letter supporting the suspension was filed on behalf of the 
    proponents. There were no comment letters received in opposition to the 
    suspension.
        It is hereby found and determined that thirty days' notice of the 
    effective date hereof is impractical, unnecessary, and contrary to the 
    public interest in that:
        (a) The suspension is necessary to reflect current marketing 
    conditions and to assure orderly marketing conditions in the marketing 
    area;
        (b) This suspension does not require of persons affected 
    substantial or extensive preparation prior to the effective date; and
        (c) Notice of proposed rulemaking was given to interested parties, 
    and they were afforded opportunity to file written data, views, or 
    arguments concerning this suspension.
        Therefore, good cause exists for making this order effective upon 
    publication in the Federal Register.
    
    List of Subjects in 7 CFR Part 1106
    
        Milk marketing orders.
    
        For the reasons set forth in the preamble, title 7, part 1106 is 
    amended as follows:
    
    PART 1106--MILK IN THE SOUTHWEST PLAINS MARKETING AREA
    
        1. The authority citation for 7 CFR part 1106, continues to read as 
    follows:
    
        Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-
    674.
    
    
    Sec. 1106.3  [Suspended]
    
        2. In Sec. 1106.3 the phrase ``(except to a plant)'' is suspended.
    
        Dated: January 3, 1994.
    Patricia Jensen,
    Acting Assistant Secretary.
    [FR Doc. 94-420 Filed 1-7-94; 8:45 am]
    BILLING CODE 3410-02-P
    
    
    

Document Information

Published:
01/10/1994
Department:
Agricultural Marketing Service
Entry Type:
Rule
Action:
Suspension of rule.
Document Number:
94-420
Dates:
January 10, 1994.
Pages:
1273-1274 (2 pages)
Docket Numbers:
Federal Register: January 10, 1994, DA-94-03
CFR: (1)
7 CFR 1106.3